L-O-G

Citations

• 21 I. & N. Dec. 413

Syllabus

L-O-G-, 21 I&N Dec. 413 (BIA 1996) ID 3281 (PDF) (1) Reopening may be had where the new facts alleged, together with the facts already of record, indicate a reasonable likelihood of success on the merits, so as to make it worthwhile to develop the issues at a hearing. Where ruling on a motion requires the exercise of judgement regarding eligibility for the relief sought, the Board does not require a conclusive showing that, assuming the facts alleged to be true, eligibility for relief has been established. By granting reopening the Board does not rule on the ultimate merits of the application for relief. Matter of Sipus, 14 I&N Dec. 229 (BIA 1972), reaffirmed. (2) Reopening to apply for suspension of deportation is granted where 1) the 15-year-old respondent has lived in the United States since the age of 6 2) the adult respondent, her mother, also has a 6-year-old United States citizen child 3) the respondents are from a country where economic and political conditions are poor and 4) the respondents have been covered by the Nicaraguan Review Program since 1987.