During pendency of alien’s U visa petition, alien was charged as removable based upon two grounds of inadmissibility. IJ eventually agreed to waive both grounds of inadmissibility so that alien could pursue U visa petition, but later ordered alien removed as charged. While alien contended on appeal that IJ could not use either ground to support removal order once IJ had waived both grounds of inadmissibility, Ct. of Appeals found that IJ could enter removal order, since waivers were not tantamount to making alien unremovable. However, remand was required with respect to alien’s requests to continue removal proceedings to seek U visa relief or to administratively close case instead of ordering removal, where: (1) Bd. should consider holdings in two new cases, i.e., Mayen, 27 I. & N. Dec. 755, and Guerra Rocha, 951 F.3d 848, which set forth appropriate factors for determining whether alien’s request for continuance was proper; and (2) IJ held improper belief that immigration judges are precluded from administratively closing cases temporarily when appropriate.
Federal 7th Circuit Court
Civil Court
Immigration