Adeyanju v. Garland, No. 21-1045 (1st Cir. 2022)
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The First Circuit granted in part one of Petitioner's petitions for review of the decision of the Board of Immigration Appeals (BIA) ordering Petitioner removed, holding that remand was required.
The same day the denial of Petitioner's I-751 petition to remove the conditions of his residency was issued, the Department of Homeland Security (DHS) initiated removal proceedings against Petitioner. Petitioner subsequently divorced his former wife and married anew. Petitioner's new wife filed an application for adjustment of Petitioner's status on the basis of their marriage and an I-751 waiver petition. Petitioner was subsequently indicted for kidnapping and two counts of sexual assault. The IJ granted Petitioner's application for adjustment of status. The BIA sustained the DHS's appeal and ordered Petitioner removed without acknowledging that Petitioner had a pending I-751 waiver. The First Circuit held (1) the BIA abused its discretion in denying Petitioner's motion to reconsider based on two clear-error-standard violations; and (2) remand was required for consideration of the effect, if any, of the final denial of the I-751 waiver on Petitioner's motions.
The court issued a subsequent related opinion or order on March 1, 2022.
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