Caballero-Martinez v. Barr

The Eighth Circuit granted a petition for review of the BIA's order denying petitioner's motion to administratively close or remand to the IJ, and denying petitioner's motion to reopen and reconsider the first denial. The court held that the BIA's substantial discussion of the statutory and regulatory bases for using a substitute IJ were sufficient.The court held that reopening a case should not be granted unless the alien has met the heavy burden of showing that the new evidence presented would likely change the result in the case. The court held that the BIA applied the correct legal standard in reviewing petitioner's request to submit additional hardship evidence. The court also held that the BIA did not err in denying petitioner's motion to remand in an April order. However, the court remanded for clarification of the BIA's rationale for denying the motion to open in the December order. Accordingly, the court affirmed in part and reversed in part. View "Caballero-Martinez v. Barr" on Justia Law