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February 04, 2011

No more out of sight out of mind

National Immigration Project argues successfully in Federal Court case upholding immigrants' right to reopen cases from outside the U.S.

February 3, 2011 - A federal appellate court chastised the Board of Immigration Appeals (BIA) for preventing noncitizens from reopening their cases from outside the U.S. This important ruling from the U.S. Court of Appeals for the Sixth Circuit repudiates the government’s view that immigration judges and the BIA lack “jurisdiction” over such cases.

The National Immigration Project and the American Immigration Council’s Legal Action Center, which filed a joint amicus (friend of court) brief in the case, applaud the ruling. The two organizations coordinated litigation on this issue nationwide, and call upon the BIA to abandon its misguided regulation barring review of motions filed by noncitizens outside the U.S.

Attorney Trina Realmuto of NIPNLG, who argued the case successfully, said, “The Sixth Circuit recognized that the regulation deprives noncitizens of their statutory right to present new evidence in their cases. The decision corrects the government’s unlawful attempt to separate families and opens the door for them to return to the U.S.” Attorney Beth Werlin of the Legal Action Center said, “A motion may be a person's only chance to present his case to the immigration judge. The government should take immediate steps to withdraw this unfair and outdated regulation rather than proceed with continued, unnecessary and costly litigation.”

http://www.nationalimmigrationproject.org/press_releases/Prudize%20press%20release%2002-03-2011.pdf

Posted by VisaLawyer at February 4, 2011 08:12 AM

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