DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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172044P.pdf 04/03/2019 Carlos Caballero-Martinez v. William P. Barr
U.S. Court of Appeals Case No: 17-2044
and No: 18-1198
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] Petition for Review - immigration. On petition for review of
denial of motion to administratively close or remand and denial of motion
to reopen, the Board's substantial discussion of the statutory and
regulatory basis for using a substitute immigration judge were sufficient;
the BIA need only reopen a case when presented with new evidence if the
new evidence will likely change the result of the case and the BIA applied
the correct standard; review of a BIA's denial of a the motion to remand
pending the adjudication of a U Visa application is for abuse of
discretion but here the BIA's rationale for denying motion to reopen or
reconsider after proof of filing of U Visa application is unclear and case
is remanded to the BIA to explain its decision for denial.