Baez-Sanchez v. Sessions

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 16-3784
Decision Date: 
October 6, 2017
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition granted

Bd. erred in finding that IJ lacked authority to grant alien’s request to waive alien’s inadmissibility (and thus to temporarily halt alien’s removal) while alien seeks U visa from Department of Homeland Security, where Bd.’s finding was based on conclusion that 8 CFR section 1003.10(b) did not include such power when describing powers and duties of IJ. Ct. of Appeals found that such power was theoretically included in 8 CFR section 1003.10(a), where that section grants IJ ability to exercise Attorney General’s powers over immigration. Remand, though, was required for Bd. to address Attorney General’s argument that: (1) Attorney General himself has no authority to grant waivers of inadmissibility to aliens seeking U visas; and (2) if Attorney General does possess such authority, it could only be used with respect to aliens who seek such relief prior to entering U.S.