Attorney General Directs BIA To Refer Matter Of B-Z-R- To Him For Review And Invites The Parties And Interested Amici To Brief Issue Of Whether Mental Health Can Be Considered In Determining Whether One Has Been Convicted Of A “Particularly Serious Crime” Under INA §§208(b)(2)(A)(ii) And 241(b)(3)(B)(ii).
On December 9, 2021, Attorney General (AG) Merrick Garland, per 8 C.F.R. §1003.1(h)(1)(i), directed the Board of Immigration Appeals (BIA or Board) to refer the Matter of B-Z-R- to him for review of its decision; the BIA’s decision was automatically stayed. The AG, to assist his review, invited the parties and interested amici to submit briefs on whether mental health can be considered when determining whether an individual was convicted of a “particularly serious crime” under INA §208(b)(2)(A)(ii) and 241(b)(3)(B)(ii). See Matter of G-G-S-, 26 I&N Dec. 339 (BIA 2014).
The parties’ briefs are limited to 6,000 words and are due January 10, 2021. The briefs of interested amici are limited to 4,500 words and are due by February 7, 2022. The parties’ reply briefs are limited to 3,000 works and are due by January 24, 2022. All briefs must be submitted electronically and postmarked on or before the pertinent deadlines. Matter of B-Z-R-, 28 I&N Dec. 424(A.G. 2021).
For more information visit: https://www.justice.gov/eoir/page/file/1454401/download