As a result of a challenged green card refusal, the Board of Immigration Appeals (BIA) has the authority to review and reweigh the evidence in a case, per the First Circuit Court. The case was brought to the circuit court after the BIA overturned a judge’s original finding approving a green card on the basis of marriage. In the finding, the circuit court found that BIA violated internal regulations and precedent. Reevaluation of evidence rather than a reconsideration of the evidence was used in the BIA review, the basis of the exception.
BIA can review a judge’s findings for clear errors. In addition, upon review by the BIA, a reconsideration of the importance of the same evidence is permitted, per the circuit court. However, reinterpreting the evidence is an exception to standard procedures.
In the case under consideration, an individual was denied a green card on the basis of marriage. Subsequently, the individual ended one marriage and entered into another, and again applied for the green card on the basis of marriage. The second green card was approved. However, the BIA overturned the approval, stating the immigration judge had ignored other factors. The individual appealed to the circuit court, stating BIA overstepped its authority. The First Circuit agreed that two legal errors occurred in the BIA review and remanded the case.
The circuit court found the BIA review re-interpreted immigration evidence, which is an exception to regulations. However, BIA is allowed to reevaluate the importance of evidence. The case remains under consideration.
If you have questions about any immigration-related issue, contact us at ILBSG. We actively monitor ongoing policy updates and legal reviews to ensure our clients get the right advice.
