Matter of Catalina Santiago-Santiago

Summary

The Board of Immigration Appeals sustained the Department of Homeland Security’s appeal of an Immigration Judge’s termination of removal proceedings based solely on the respondent’s DACA status. The Board remanded for consideration of the reasons opposing termination and reassignment to a different Immigration Judge to avoid the appearance of bias or partiality.

Holdings

1. An Immigration Judge may not terminate removal proceedings solely because the respondent is a beneficiary of DACA or other deferred action. The Immigration Judge must consider the reasons termination is sought, the basis for any opposition, and must analyze and weigh the positive and adverse factors relevant to the discretionary determination.
2. The BIA may reassign a case to a different Immigration Judge on remand when the circumstances create an appearance of bias or partiality and reassignment is necessary to ensure fairness and impartiality.

Questions Presented

1. Whether the Immigration Judge erred by terminating removal proceedings solely because the respondent was a DACA recipient without considering the reasons termination was sought and the basis for DHS's opposition.
2. Whether the case should be reassigned to a different Immigration Judge because the Immigration Judge's spouse allegedly publicly advocated for the respondent, creating an appearance of partiality or bias.
3. Whether the BIA needed to decide the merits of DHS's appeal from the denial of its motion to recuse after ordering reassignment.

Disposition

remanded