Friday, May 25th, 2018

Lopez-Rodriguez v. Holder: Aftermath

In Lopez-Rodriguez v. Holder, 683 F.3d 1164 (9th Cir. 2012) I was fortunate (damned lucky, really) to prevail in a pro bono case started back in 2006.  The panel remanded the case back to the BIA.  ICE then withdrew its appeal.  (The alien had prevailed before the IJ, and ICE had appealed.)

On Sept. 24, 2012 the BIA rubber-stamped the withdrawal, leaving the IJ's 2006 decision – admitting my client into the U.S. in B-1 status and terminating proceedings – intact.

The client, however, having been detained in 2006 as an arriving alien, was removed to Mexico during the lengthy appeals process.

My tasks now are to try to purge all DHS databases of the removal order, and to try to persuade DOS to re