Thursday, February 9th, 2017

Unpub. BIA Remand to New IJ

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"On appeal, the respondent requests a remand for a hearing on the merits of his application for relief and seeks reassignment of his case to a different Immigration Judge due to alleged bias and prejudice on the part of the Immigration Judge [IJ Alan A. Vomacka] below. ... In accordance with the requests of the parties, we will remand the record for further proceedings with respect to the respondent's application for a waiver under section 212(c) of the Act.  While we do not determine whether the Immigration Judge acted improperly in proceedings below, we deem it appropriate, under the totality of the circumstances, to remand this matter to a different Immigration Judge, particularly given that the allegations of bias and prejudice are coupled with concerns raised as to the respondent's mental competency.  Thus, in an abundance of caution, and in order to avoid the potential for any actual or apparent prejudice involving