HERRERA DEL ORDEN

Citations

• 25 I. & N. Dec. 589

Syllabus

HERRERA DEL ORDEN, 25 I&N Dec. 589 (BIA 2011) ID 3726 (PDF) (1) When an alien in removal proceedings seeks \review\ of the Department of Homeland Security's (\DHS\) denial of a waiver under section 216(c)(4) of the Immigration and Nationality Act, 8 U.S.C. § 1186a(c)(4) (2006), of the requirement to file a joint petition to remove the conditional basis of lawful permanent resident status, he or she may introduce, and the Immigration Judge should consider, any relevant evidence without regard to whether it was previously submitted or considered in proceedings before the DHS. (2) The scope of the review authority provided in 8 C.F.R. § 1216.5(f) (2011) is coterminous with the Immigration Judge's ordinary powers and duties in removal proceedings.