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Keywords

appealhearingdue processdeportation
appealhearingdue processdeportation

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Ramirez-Alejandre v. Ashcroft

Facts

Petitioner was born in Mexico and entered the United States illegally approximately 23 years ago. His second child was a United States citizen by birth. Although the BIA determined eligibility on the basis of the facts as they existed at the time of the BIA decision, the BIA denied petitioner the opportunity to tender relevant supplemental evidence that had developed in the eight years after his hearing before the IJ.

Although the BIA determined eligibility on the basis of the facts as they existed at the time of the BIA decision, the BIA denied petitioner the opportunity to tender relevant supplemental evidence that had developed in the eight years after his hearing before the IJ.

Issue

Whether the BIA's refusal to consider new evidence on appeal violated the petitioner's right to due process of law.

Whether the BIA's refusal to consider new evidence on appeal violated the petitioner's right to due process of law.

Rule

The BIA is required to decide eligibility for suspension of deportation based on the facts as they existed when the BIA issued its decision, and it must consider new evidence that is relevant to the determination of whether an alien would suffer extreme hardship.

The BIA is required to decide eligibility for suspension of deportation based on the facts as they existed when the BIA issued its decision, and it must consider new evidence that is relevant to the determination of whether an alien would suffer extreme hardship.

Analysis

The court found that the BIA's categorical rejection of new evidence was inconsistent with its practice in other cases and violated the petitioner's due process rights. The BIA had accepted supplemental evidence in other cases, and its refusal to do so in this case precluded the petitioner from presenting new evidence relevant to his eligibility for suspension of deportation.

The court found that the BIA's categorical rejection of new evidence was inconsistent with its practice in other cases and violated the petitioner's due process rights.

Conclusion

The petition for review was granted, and the case was remanded to the BIA for reconsideration of the tendered evidence without application of the categorical exclusion rule.

The petition for review was granted, and the case was remanded to the BIA for reconsideration of the tendered evidence without application of the categorical exclusion rule.

Who won?

Petitioner prevailed in the case because the court determined that the BIA's refusal to consider new evidence violated his due process rights.

Petitioner prevailed in the case because the court determined that the BIA's refusal to consider new evidence violated his due process rights.

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