Thursday, June 14th, 2018

CA1 Stays Mandate for Family with DACA-Eligible Child: Gasparian v. Holder

"Although the BIA's refusal to reopen must be affirmed, we will stay the mandate as to Haik Gasparian for 90 days to allow him to apply for [DACA] relief; although we cannot order the government to defer removal after the mandate issues,  we  assume that it is unlikely to preempt the application if it believes that the application has any chance of success.  As described above, we would not ordinarily offer similar relief  to petitioners such as Ashot and Vergine Gasparian.  However, because they are the parents of a young adult who appears to be a strong candidate for deferred action, the government may well wish to avoid splitting up the family by declining to remove them as well.  To ensure that they are not removed  before the government has time to consider the question, we also stay the mandate for 90 days as to Ashot and Vergine Gasparian." –