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Monday, July 22, 2024 | Back issues
Courthouse News Service Courthouse News Service

BIA Needs To Explain Decisions, Court Says

NEW YORK (CN) - The 2nd Circuit chided the Board of Immigration Appeals for denying three motions to reopen removal proceedings on jurisdictional grounds without explaining its decision.

The "rote recital of a jurisdictional statement - even if technically accurate - does not adequately discharge the BIA's duty to 'consider the facts of the record relevant to the motion' and provide a 'rational explanation' for its ruling," Judge Cabranes wrote.

A three-judge panel remanded for reconsideration of the motions.

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