Showing posts from March, 2022

Board of Immigration Appeals Reminds Immigration Judges to Do Their Jobs While Still Finding a Way to Harm Immigrants

Matter of M-M-A-, published last week, basically restates the obvious Continuing a long tradition of dropping precedent-setting decisions on Friday, the Board of Immigration Appeals published Matter of M-M-A- , 28 I&N Dec. 494 (BIA 2022) last week. The Issue: When the government alleges that an applicant is ineligible for relief based on a frivolous asylum application, is the immigration judge required to make predicate findings of fact and conclusions of law to determine whether the requirements for a frivolous asylum application have been satisfied? The Holding: Yes . An immigration judge is bound to make findings of fact and conclusions of law as to whether the asylum application was frivolous in accordance with Matter of Y-L- , 24 I&N Dec. 151 (BIA 2007) . The Basic Facts: The decision involved an immigration judge's approval of an application for adjustment of status appealed by the Department of Homeland Security . The Department took the position that the applicant