On May 30, 2014, the Board of Immigration Appeals (BIA), upon consideration of an extensive Motion to Reopen (MTR) filed by me in February of this year, ordered that the case of a Kenyan, whose voluntary departure order had converted to an order of "removal" (more commonly known as "deportation") over 12 years ago, be reopened and remanded to the Immigration Judge for "further proceedings."
In this case, we were able to show, under 9th Circuit authority, that sufficient "changed circumstances" had taken place in Kenya to warrant reopening and remand. Demonstrating "changed circumstances," in the context of MTRs is not necessarily intuitive, and involves consideration and application of a number of intersecting law, regulations, policy and concepts. Further, the BIA's treatment of such motions sometimes varies depending upon its interpretation of the Circuit Court of Appeals law under which the case was initially tried.
We continue at this time to pursue a separate petition for review before the 9th Circuit Court of Appeals on behalf of this Kenyan on issues pertaining to the underlying case filed in the late 90s in which he was represented by another attorney. Sometimes attorneys work on multiple tracks simultaneously, on behalf of alien clients.
We are deeply gratified for the May 30 BIA decision, since our client will now be given a further opportunity to demonstrate at trial, why permanent or indefinite immigration benefits should be approved.
By: Duane M. Hamilton
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