Thursday, May 24th, 2018

CA11 on 212(h): Lawal v. U.S. Attorney General

"It is thus unclear whether the BIA’s current interpretation of § 212(h)—that an alien seeking § 212(h) relief who has not filed an adjustment of status application must remain “outside our borders while applying for relief”—overrules Sanchez, or if the BIA’s current interpretation essentially functions as a continuation of its precedent under Sanchez, in which case the BIA would treat an alien satisfying the conditions of Sanchez as if the alien were “outside our borders while applying for relief.”  This is “an area of law where uniformity is particularly important.” Jaramillo v. INS, 1 F.3d 1149, 1155 (11th Cir. 1993) (en banc). “When the BIA has not spoken on a matter that statutes place primarily in agency hands, our ordinary rule is to remand to give the BIA the opportunity to address the matter in the first instance in light of its own experience.” Negusie v. Holder, 555 U.S. 511, 517, 129