BIA addresses what IJ can use in reviewing a denial of a 216(c) Waiver

In Matter of Herrera Del Orden, 25 I&N Dec. 589 (BIA 2011) declined to agree with DHS that IJ’s are limited to the CIS record in reviewing a denial of a 216(c) waiver in a removal hearing. In this case, the respondent had failed to respond to a request for additional documents. The original 216(c) waiver had not included a copy of both sides of a required document. The BIA ruled that ” 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.”
The full decision can be found at: http://www.justice.gov/eoir/vll/intdec/vol25/3726.pdf
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