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Immigration – Relief from removal

By: WISCONSIN LAW JOURNAL STAFF//August 22, 2014//

Immigration – Relief from removal

By: WISCONSIN LAW JOURNAL STAFF//August 22, 2014//

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Immigration – Relief from removal

It was error to deny discretionary relief from removal based solely on uncorroborated police reports that did not result in convictions.

“To be clear, this is not to say that we read Arreguin to prohibit any consideration of arrest reports in the weighing of discretionary factors. See Arreguin, 21 I. & N. Dec. at 42 (giving ‘little weight’ to arrest report); Sorcia v. Holder, 643 F.3d 117, 126 (4th Cir. 2011) (stating that Arreguin ‘did not indicate that it was per se improper to consider an arrest re-port’ and declining to vacate decision where BIA gave ‘little weight’ to arrest report). Here, however, we find that the agency failed to follow its binding precedent in Arreguin, which it did not cite, when it gave significant weight to un-corroborated arrest reports in which Avila-Ramirez denied any wrongdoing after finding him credible. See Margulis v. Holder, 725 F.3d 785, 788 (7th Cir. 2013) (‘The Board can reexamine, and if it wants overrule, a precedent, but it didn’t do that in this case. It ignored it. This is not permissible.’). As a result, we grant the petition for review and return Avila-Ramirez’s case to the BIA for additional consideration.”

Petition Granted.

13-3300 Avila-Ramirez v. Holder

Petition for Review of an Order of the Board of Immigration Appeals, Williams, J.

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