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

First Circuit Addresses Meaning of Motion to Recalendar

The First Circuit has determined that a motion to recalendar at the Board of Immigration Appeals (BIA) places the case in the same position it was in at the time of administrative closure. That is, if the case was already fully briefed, the BIA need only issue a final decision in the matter after recalendaring. Absent an explicit request for remand, the BIA is not required to consider any changed circumstances that may have occurred while the case was administratively closed.

The full text of Arevalo v. Barr can be found here:

http://media.ca1.uscourts.gov/pdf.opinions/18-1834P-01A.pdf