Seventh Circuit Rules that BIA Erred in Relying on Unsupported Police Reports
In a decision dated last month, the Seventh Circuit ruled that the Board of Immigration Appeals erred in relying on uncorroborated police reports to deny 212(c) relief. The Petitioner in the case was convicted in 1990 of a domestic abuse charge. He was subsequently arrested several times but was never convicted of anything else. The immigration judge ruled that he was credible but denied his request for relief since he did not show that he was rehabilitated. The BIA affirmed the immigration judge’s decision reasoning that even though the case was a “close call”, the Respondent did not show that he was rehabilitated. The court, in reversing the BIA’s decision, reasoned that the Board did not follow its own binding decision in Arreguin, 21 I&N Dec. 38 (BIA 1995) and thus the case was denied improperly. The court ruled that since the police reports were uncorroborated, they should not have been used as a basis to deny relief in the case. The case is Avila-Ramirez v. Holder.