Appeals Board Must Review Immigrant’s Request for Removal Relief

The Board of Immigration Appeals misapplied the applicable law when it determined that an immigrant, who entered the US illegally from El Salvador, wasn’t entitled to relief from removal, the Seventh Circuit said.

The BIA said that the appellate court didn’t have jurisdiction over F.J.A.P.'s appeal, but the opinion by Judge Amy J. St. Eve, noting a circuit split over the applicable statute, said that the court did have jurisdiction. St. Eve granted F.J.A.P.'s petition and remanded to the BIA for reconsideration of the immigration judge’s decision under the correct standard of review.

F.J.A.P. entered the US in 2000, but ...