Board of Immigration Appeals Disavows Matter of Garcia-Alzugaray in Unpublished Remand
88 Interpreter Releases 2870 (December 2011)
10 Pages Posted: 7 Aug 2013 Last revised: 13 Sep 2013
Date Written: December 12, 2011
In an unpublished opinion, the Board of Immigration Appeals disavowed precedent that had controlled refugee adjustment of status since 1986. The Board’s regulatory interpretation contradicted the plain meaning of the governing statute, apparently in an effort to streamline the refugee adjustment process. Thus, the Board improperly allowed policy concerns to trump a statutory mandate. In a second holding, the Board correctly found that refugees are “admitted” to the United States upon resettlement – only to return to its earlier holding that refugee admission is “conditional” in a published decision issued five months later, Matter of D-K-, 25 I. & N. Dec. 761 (B.I.A. 2012). The Article predicts an upcoming published opinion – but not the latter holding.
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