Matter of L-S-C-R-

Summary

The Board of Immigration Appeals held that a background-check remand is limited to consideration of the background and security check results and issuance of an order on the relief that formed the basis for the remand. It clarified Matter of M-D- by ruling that a respondent seeking a new or different form of relief must file a separate motion to reopen with the Immigration Court after the Immigration Judge enters the required order. The Board withdrew the respondent’s asylum appeal and remanded the case for background and security checks and a final order regarding withholding of removal.

Holdings

1. A remand for completion or updating of background and security checks is limited to the Immigration Judge's consideration of the reported results of those checks and the issuance of a final order granting or denying the relief or protection that formed the basis for the remand.
2. A respondent seeking a new or different form of relief, or seeking to raise an issue unrelated to the background-check remand, must file a separate motion to reopen with the Immigration Court after the Immigration Judge enters an order on the relief that was the subject of the remand and must satisfy the requirements for reopening, including payment of the appropriate fee.
3. The record must be remanded to the Immigration Judge when DHS has not timely reported the required identity, law-enforcement, and security-check results, so that DHS may complete or update the checks and the Immigration Judge may enter a final order on withholding of removal.

Questions Presented

1. What is the scope of an Immigration Judge's jurisdiction on remand for completion or updating of background and security checks?
2. Whether a respondent may seek a new or different form of relief, or raise unrelated issues, within a background-check remand rather than through a separate motion to reopen.
3. Whether the record should be remanded because DHS had not timely reported the required background and security-check results.

Disposition

remanded