In Matter of Castillo-Perez, 27 I&N Dec. 664 (A.G. 2019), the attorney general held that two or more convictions for driving under the influence during the qualifying time period presumptively bar an applicant for non-lawful permanent resident cancellation of removal from proving good moral character under section § 101(f) of the Immigration and Nationality Act.
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The Mercer Law School Immigration Appeals Clinic filed an amicus brief on CLINIC’s behalf on March 11, 2020. The amicus brief lays out how the particular social group of “Honduran transgender women” meets the three-prong test laid out in Matter of M-E-V-G-.
Update: After submission of this, and other amicus briefs, the Department of Homeland Security stipulated to remand the case to the immigration judge.
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On Jan. 22, 2020, the Board of Immigration Appeals issued a decision in Matter of Angel MAYEN-Vinalay, 27 I&N Dec. 755 (BIA 2020) concerning requests for continuances by applicants for “collateral relief” pending with United States Citizenship and Immigration Services who are also in removal proceedings. In this decision, the BIA held that a noncitizen’s prima facie eligibility for U nonimmigrant status, and whether that relief will materially affect the outcome of proceedings, are not dispositive, particularly where there are relevant secondary factors that weigh against a continuance.
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Practitioners before the Executive Office for Immigration Review (EOIR) must carefully consider whether to seek fee waivers before the Immigration Judge or the Board of Immigration Appeals. On the one hand, the recent increase in fees for certain applications before EOIR make fee waivers more necessary than ever. On the other hand, EOIR leadership and the BIA have evinced hostility towards such requests. Practitioners must carefully discuss the pros and cons of fee waivers with their clients before proceeding with a request.
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The Board of Immigration Appeals (BIA) issued three precedential decisions in July 2025 finding that the applicants were ineligible for protection under the Convention Against Torture (CAT).
