Tuesday, December 10th, 2019

CA11 on 209(c) – Makir-Marwil v. Atty. Gen.


"Gai Makir-Marwil, a native and citizen of Sudan, petitions for review of the Board of Immigration Appeals’ (“BIA”) final order affirming the Immigration Judge’s (“IJ”) order of removal and denial of Makir-Marwil’s application for a waiver of inadmissibility under § 209(c) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1159(c). After review and oral argument, we grant the petition in part, deny the petition in part, and remand for further proceedings as to Makir-Marwil’s application for a § 209(c) waiver of inadmissibility. … By failing to consider any of the other facts and circumstances short of torture in Makir-Marwil’s case, the IJ and BIA erred as a matter of law.  Accordingly, we grant Makir-Marwil’s petition in part and remand to the BIA with instructions to remand to the IJ to consider in the first instance the argument that the country conditions in Sudan and the other