Seventh Cir. Slams Immigration Board’s ‘Defiance’ in Visa Case

The Seventh Circuit harshly criticized the Board of Immigration Appeals for defying the court’s prior order in a case about the scope of immigration judges’ authority, and, rather than rewarding the board’s “effrontery” and remanding again, held that a Mexican citizen in the U.S. is entitled to apply for a U visa.

“We have never before encountered defiance of a remand order, and we hope never to see it again,” the Seventh Circuit said. It added that the BIA members could have faced serious contempt-related repercussions if the petitioner in the case had sought them.

Jorge Baez-Sanchez was ineligible to ...