September 2020 Case Update
Unpublished BIA Decision Indicates Some Pushback to Cal. P.C. § 1203.43 Vacaturs (Though Other BIA Panels Have Fully Honored P.C. § 1203.43) The BIA issued an unpublished decision about Cal. P.C. § 1203.43 after an amicus invitation and oral argument. The ILRC filed an amicus brief (thanks to Prof. Jennifer Koh) and Kathy Brady argued the case. The good news is that the decision does not say that § 1203.43 vacaturs are ineffective for Pickering purposes. The bad news is that it establishes that, if the respondent is seeking relief, the respondent needs to prove that they were misinformed of the immigration consequences of the DEJ guilty plea. The short summary is that the decision says [...]