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In re Escobar

2 Analyses of this admin-law by attorneys

  1. SCOTUS: BIA can make cancellation applicants meet requirements on their own

    University of Denver Sturm College of LawJune 26, 2012

    The Court was not convinced. In Matter of Escobar, 24 I&N Dec. 231 (2007), the Court noted, the Board “provided a reasoned explanation for these divergent results: The Board imputes matters involving an alien’s state of mind, while declining to impute objective conditions or characteristics.” Martinez, Nos. 10-1542 and 10-1543, slip op. at 11.

  2. 9th Cir.: Parent’s Status and Residence Can Be Imputed Upon Child for Purposes of Cancellation of Removal

    University of Denver Sturm College of LawJune 2, 2009

    However, the IJ also found that Escobar could not impute her mother’s LPR status, thus Escobar could not satisfy the five year LPR requirement. In a published decision, Matter of Escobar, 24 I&N Dec. 231 (BIA 2007), the BIA not only affirmed the IJ— it went so far as to disagree with Cuevas-Gaspar entirely. See Escobar, slip op. at 6193.