C.J.L.G. v. Barr, No. 16-73801 (9th Cir. 2019)
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An IJ is required to inform a petitioner subject to removal proceedings of "apparent eligibility to apply for any of the benefits enumerated in this chapter." 8 C.F.R. 1240.11(a)(2). The apparent eligibility standard of 8 C.F.R. 1240.11(a)(2) is triggered whenever the facts before the IJ raise a reasonable possibility that the petitioner may be eligible for relief. When the IJ fails to provide the required advice, the appropriate course is to grant the petition for review, reverse the BIA's dismissal of the petitioner's appeal of the IJ's failure to inform him of this relief, and remand for a new hearing.
A successful Special Immigrant Juvenile (SIJ) application plainly can lead to relief from removal, and SIJ regulations are among those in the referenced subchapter, 8 C.F.R. 1245.1(a), (e)(2)(vi)(B)(3). The en banc court granted a petition for review of the BIA's dismissal of petitioner's appeal of the IJ's denial of his application for asylum and withholding of removal. The panel held that the IJ who ordered petitioner removed erred by failing to advise him about his apparent eligibility for SIJ status.
Court Description: Immigration. Granting C.J.L.G.’s petition for review of a Board of Immigration Appeals’ decision, the en banc court concluded that the Immigration Judge who ordered C.J. removed erred by failing to advise him about his apparent eligibility for Special Immigrant Juvenile (“SIJ”) status, and remanded. SIJ status provides a path to lawful permanent residency for at-risk children and requires a child to obtain a state-court order declaring him dependent or placing him under the custody of a court-appointed individual or entity. The state court must find that (1) “reunification with 1 or both . . . parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law;” and (2) it would not be in the child’s “best interest to be returned to [his] parent’s previous country.” 8 U.S.C. § 1101(a)(27)(J). After obtaining a state court order, the child must obtain the consent of the Secretary of Homeland Security to the granting of SIJ status by filing an I-360 petition with the United States Citizenship and Immigration Services (“USCIS”). If USCIS grants the petition, the child may apply for adjustment of status, and a visa must be immediately available when he applies. The en banc court noted that, under 8 C.F.R. § 1240.11(a)(2), an IJ is required to inform a petitioner subject to removal proceedings of “apparent eligibility to
This opinion or order relates to an opinion or order originally issued on January 29, 2018.
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