Velasquez v. Holder

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 13-2610
Decision Date: 
July 23, 2014
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition granted
Bd. erred in ordering removal of alien, who, as adult child of permanent lawful resident, had previously taken various steps to acquire permanent resident status within one year of date when his visa number became available, but who had not actually filed application within said time frame, where Bd. had applied retroactively new rule set forth in Matter of Vasquez that required that alien’s application be actually filed or substantially completed within one year of visa number date. While Ct. found that Bd.’s one-year rule was reasonable, Ct. also held that Bd. could not apply said rule to alien, where rule was announced three months after alien’s one-year deadline had passed. Accordingly, remand was required to determine whether alien had taken “substantial steps” to acquire permanent resident status within one year of visa number date under former standard so as to preclude his removal.