Friday, March 12, 2010

Yigit (not precedential): Velarde-type Motion To Reopen Must Consider Eligibility Proof Filed Any Time Before IJ's Decision

Yigit v. Holder
No. 08-3625
Not Precedential
December 9, 2009

Chief Judge Scirica, Judge Smith, and Judge Weis. Per Curiam decision. Overturning the BIA and IJ Miriam K. Mills.

The immigrant had a way to obtain LPR status through filing a motion to reopen the case within 90 days of the decision, similar to the method approved in the BIA's decision Matter of Velarde. After filing the motion on time, the immigrant filed additional evidence. The IJ was required to consider all of the evidence filed before making the decision, not limiting analysis just to the items in the original motion to reopen. No reason to ignore the evidence filed after the motion but before the IJ made her ruling.


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