Panel Says BIA Had No Basis Denying Guatemalans' Asylum 1 Panel Says BIA Had No Basis Denying Guatemalans' Asylum

Panel Says BIA Had No Basis Denying Guatemalans' Asylum

By Rae Ann Varona (July 26, 2022, 7:45 PM EDT) — The Second Circuit ordered the Board of Immigration Appeals to revisit an indigenous Guatemalan mother and son’s bids for asylum and deportation relief, saying the agency failed to provide a sufficient premise for affirming an immigration judge’s denial of relief.

The three-judge panel said Monday the BIA did not explicitly affirm or adopt the immigration judge’s findings and declined to reach some basis for the judge’s findings on why Roxana Audelia Lopez-Perez and her minor son Dilan Santos-Lopez could not stay in the U.S. despite their claimed fears of being persecuted if sent back to Guatemala.

The judges said the BIA…