The Board of Immigration Appeals has determined that a judge may grant a motion to dismiss by the Department of Homeland Security on the ground that continuation of the proceedings is no longer in the best interest of the government because the respondent abused the asylum process in order to apply for cancellation of removal in removal proceedings. The Board found evidence of such abuse in this case, where the respondents did not appear for their asylum interviews and immediately withdrew their asylum applications, instead pursuing cancellation of removal applications.

The full text of Matter of Andrade Jaso can be found here: