C-B

Citations

• 25 I. & N. Dec. 888

Syllabus

C-B-, 25 I&N Dec. 888 (BIA 2012) ID 3764 (PDF) (1) In order to meaningfully effectuate the statutory and regulatory privilege of legal representation where it has not been expressly waived by a respondent, an Immigration Judge must grant a reasonable and realistic period of time to provide a fair opportunity for the respondent to seek, speak with, and retain counsel. (2) If a respondent expresses a fear of persecution or harm in a country to which he or she might be removed, the regulations require the Immigration Judge to advise the respondent of the right to apply for asylum or withholding of removal (including protection under the Convention Against Torture) and make the appropriate application forms available. (3) If a respondent indicates that he or she will not waive appeal and is therefore ineligible for a grant of voluntary departure prior to the completion of removal proceedings under section 240B(a)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1229c(a)(1) (2006), the Immigration Judge should consider the respondent's eligibility for voluntary departure at the conclusion of the proceedings under section 240B(b)(1).