Caballero-Martinez v. Barr, No. 17-2044 (8th Cir. 2019)
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The Eighth Circuit granted a petition for review of the BIA's order denying petitioner's motion to administratively close or remand to the IJ, and denying petitioner's motion to reopen and reconsider the first denial. The court held that the BIA's substantial discussion of the statutory and regulatory bases for using a substitute IJ were sufficient.
The court held that reopening a case should not be granted unless the alien has met the heavy burden of showing that the new evidence presented would likely change the result in the case. The court held that the BIA applied the correct legal standard in reviewing petitioner's request to submit additional hardship evidence. The court also held that the BIA did not err in denying petitioner's motion to remand in an April order. However, the court remanded for clarification of the BIA's rationale for denying the motion to open in the December order. Accordingly, the court affirmed in part and reversed in part.
Court Description: Petition for Review - immigration. On petition for review of denial of motion to administratively close or remand and denial of motion to reopen, the Board's substantial discussion of the statutory and regulatory basis for using a substitute immigration judge were sufficient; the BIA need only reopen a case when presented with new evidence if the new evidence will likely change the result of the case and the BIA applied the correct standard; review of a BIA's denial of a the motion to remand pending the adjudication of a U Visa application is for abuse of discretion but here the BIA's rationale for denying motion to reopen or reconsider after proof of filing of U Visa application is unclear and case is remanded to the BIA to explain its decision for denial.
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