DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
202200P.pdf 08/12/2021 Claudia Quecheluno v. Merrick B. Garland
U.S. Court of Appeals Case No: 20-2200
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Kelly, Author, with Loken and Erickson, Circuit Judges]
Petition for Review - Immigration. Petition for review of denial of motion
to reopen is granted. While petitioners appealed the denial of their
applications for asylum, withholding of removal and protection under the
Convention Against Torture, petitioners applied for U nonimmigrant status
and moved for the Board to administratively close their appeal pending
review of the U visa. The Board dismissed the appeal and denied
administrative closure citing lack of authority. Petitioners moved to
reopen the case, that was denied, and petition for review. The Board has
abused its discretion by departing from established policy to apply
factors set forth in Matter of Sanchez Sosa or remand to allow the
immigration judge to do so and by failing to provide a rational
explanation for its decision. The BIA's May 2020 order is vacate the case
is remanded.