BIA Mandates Recalendaring of Proceedings when USCIS Took 5 Years to Approve I-130

The Board of Immigration Appeals has mandated the recalendaring of a removal proceeding, even though the non-citizen was the beneficiary of an approved I-130 and was preparing to file an I-601A waiver. The Board cited the lengthy period of administrative closure that had already taken place, but failed to note that a significant part in the delay in filing the I-601A was that USCIS took more than 5 years to approve the I-130 petition filed by his spouse.

The full text of Matter of Medina Madrid can be found here: https://www.justice.gov/eoir/media/1431066/dl?inline

Seventh Circuit Finds No Jurisdiction to Review Delay in I-601A Waiver Application

The Seventh Circuit has determined that federal courts lack jurisdiction to review the delay in adjudication of provisional waivers of unlawful presence (Form I-601A) under the Administrative Procedure Act.  The court cited the prohibition in 8 USC 1182(a)(9)(B)(v) on federal court review of any action regarding waivers of unlawful presence.

The full text of Soni v. Jaddou can be found here: 

https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2024/D06-06/C:23-3220:J:Easterbrook:aut:T:fnOp:N:3