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Keywords

appealvisaadmissibility

appealregulationvisaadmissibility

Related Cases

Morales Bribiesca v. Barr

Facts

Yeison Meza Morales, a native and citizen of Mexico, entered the U.S. without inspection as a child and later applied for a U visa after being shot in a crime. While his U visa petition was pending, he was charged with removal based on two grounds of inadmissibility. The immigration judge initially waived these grounds to allow him to pursue the U visa but later ordered his removal based on the same grounds. Meza Morales appealed the removal order, arguing that the waiver precluded removal.

As an adult, Meza Morales petitioned for U nonimmigrant status, a special visa for victims of certain crimes. While his petition was pending, he was charged as removable based on two grounds of inadmissibility. The immigration judge agreed to waive both grounds of inadmissibility to allow him to pursue the U visa petition, but later ordered Meza Morales removed as charged on those same grounds.

Issue

Whether the immigration judge's waiver of inadmissibility precluded the use of those grounds for removal and whether the judge should have granted a continuance or administrative closure instead of ordering removal.

Meza Morales contends that the immigration judge's initial waiver of both grounds of inadmissibility precluded their use as grounds for an order of removal.

Rule

Favorable adjudication of a U visa petition does not automatically cancel a removal order, and a waiver of inadmissibility is a necessary but insufficient step toward lawful presence.

By regulation, favorable adjudication of a U visa petition does not automatically cancel a removal order entered by an immigration judge. 8 C.F.R. 214.14(c)(5)(i).

Analysis

The court determined that the immigration judge's waiver did not nullify the grounds for removal because Meza Morales lacked lawful immigration status. The waiver was seen as a procedural step rather than a means to confer status. The court also noted that the immigration judge had the authority to grant a continuance or administrative closure, which were improperly rejected.

Meza Morales's position has superficial appeal. It leans on the intuition that waivers of inadmissibility generally 'relieve applicants of the effects of past conduct.' L.D.G. , 744 F.3d at 1028. If Meza Morales has been relieved of the effects of his past conduct, then one might think it contradictory that he can be removed on the basis of that same conduct.

Conclusion

The court granted the petition for review and remanded the case for the Board to reconsider whether a continuance or administrative closure was appropriate instead of ordering removal.

We grant the petition for review and remand the case so that the Board can reconsider.

Who won?

Meza Morales prevailed in the case as the court granted his petition for review, allowing for the possibility of reconsideration of his removal order.

We grant the petition for review and remand the case so that the Board can reconsider.

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