Immigration Review

Ep. 266 - Precedential Decisions from 5/26/2025 - 6/1/2025 (Adam Walsh Act no risk determination; bond; discretion; IAC motion to reopen; forced military conscription in Russia; deficient NTA; stays; avoiding doctrine of consular non-reviewability)

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Castaneira v. Noem, No. 23-5204 (D.C.C. May 30, 2025)

  • Adam Walsh Act; no risk determination; Matter of Chawathe; specified offense against a minor; preponderance of the evidence standard

 


Matter of Beltrand-Rodriguez, 29 I&N Dec. 76 (BIA 2025)

  • bond; danger; de novo review; sexual conduct against a child



Matter of Bain, 29 I&N Dec. 72 (BIA 2025)

  • discretion for non-LPR cancellation of removal

 


Matter of D-E-B-, 29 I&N Dec. 83 (BIA 2025)

  • motion to reopen; discretion; VAWA cancellation of removal; ineffective assistance of counsel; substantial compliance with Lozada; purpose of bar complaint requirement

 


Matter of N-N-B-, 29 I&N Dec. 79 (BIA 2025)

  • CAT; forced military conscription in Russia; series of suppositions

 


Matter of Lopez-Ticas, 29 I&N Dec. 90 (BIA 2025)

  • deficient NTA; egregious circumstances to permit withdrawing admissions and concessions; timely assertion of claims processing rule; retroactivity; change in law

 


Sarkisov v. Bondi, No. 25-0140 (6th Cir. May 29, 2025)

  • stay of removal; Nken; denial despite non-opposition from the government

 


Hamilton v. U.S. Att'y Gen., No. 23-14095 (11th Cir. May 29, 2025)

  • deficient NTA and continuous residence for INA § 212(h); initiation of proceedings; Niz Chavez and equitable tolling for motion to reopen

 


Pietersen, et al. v. Dept. of State, et al., No. 24-5092 (D.C.C. May 30, 2025)

  • avoiding doctrine of consular non-reviewability; K-1 visa; erroneous standard for future visa petitions; INA § 201(g); fraud or willful misrepresentation; reason to believe; INA § 212(a)(6)(C)(i)



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Immigration ReviewBy Kevin A. Gregg, Esq. ([email protected])
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