The Board of Immigration Appeals has determined that an Immigration Judge erred in terminating removal proceedings based solely on the respondent’s receipt of DACA. Although the regulations permit discretionary termination where a respondent is the beneficiary of deferred action, the Board emphasized that the Immigration Judge must consider the reason termination is sought and the basis for any opposition to termination.
The Board remanded the case to a different Immigration Judge, finding reassignment appropriate to avoid the appearance of partiality or bias where DHS alleged that the Immigration Judge’s spouse, a member of Congress, had publicly advocated for the respondent.
The full text of Matter of Santiago-Santiago can be found here: https://www.justice.gov/eoir/media/1437801/dl?inline