Immigration: Asylum-Removal-Waiver

Petitioner sought review of the dismissal of his appeal of the denial of his waiver of inadmissibility. Petitioner was admitted to the U.S. as an asylee but began experiencing symptoms of various mental health conditions. Petitioner eventually became homeless and committed multiple crimes. DHS began removal proceedings. Petitioner sought a waiver for humanitarian purposes and to preserve family unity. After the case was remanded back to the IJ, petitioner presented new evidence of his compliance with medication, asserting that his mental health struggles made it difficult for him to cooperate with counsel during the initial proceedings. However, the BIA ruled that the IJ lacked jurisdiction over new claims or evidence.

Where the IJ and BIA failed to evaluate petitioner’s new claims under the correct motion to reopen standard, the court was forced to remand the case.

Petition is granted in part and denied in part and remanded.

Davis v. Garland (MLW No. 81060/Case Nos. 22-3262 & 23-1229 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.) Petition for review of an order of the Board of Immigration Appeals. (Joseph N. Glynn, of Los Angeles, CA for petitioner; Elaine J. Goldenberg, of Washington, D.C.; Karen Zwick, of Chicago, IL; Tania Linares Garcia, of Oakland, CA; and Colleen Mary Cowgill, of Chicago, IL on the brief) (Sunah Lee USDOJ OIL, of Washington, D.C. for respondent)