Bd. erred in failing to comply with Ct. of Appeals’ remand order directing it to consider: (1) in context of alien’s request for waiver of inadmissibility for purposes of seeking U visa, whether any statute transferred to Secretary of Homeland Security Attorney General’s power to waive alien’s inadmissibility; and (2) whether power to waive inadmissibility may be exercised only in favor of aliens who apply from outside U.S. Record showed that IJ had previously granted alien’s request for said waiver, and Ct. of Appeals, in affirming IJ’s order, found that Attorney General in this case had retained his power to grant waiver of admissibility, and that instant IJ could exercise said power on Attorney General’s behalf. Ct. further noted that Attorney General did not ask for remand on propriety of IJ’s granting of waiver in this case.
Federal 7th Circuit Court
Civil Court
Immigration