Decision date: 2022-05-02

Ruling that the Court had jurisdiction to review IJ's denial of asylum to two immigrants who entered the United States with fraudulent passports from a country that participates in the Visa Waiver Program (VWP) and that the agency abused its discretion in denying Petitioners' motion to reopen their in absentia removal orders when it failed to address whether their alleged late arrival at their individual hearing constituted a failure to appear pursuant to 8 U.S.C. § 1229a(b)(5).

Publication Status: Unpublished

Case judge: Floyd, Gregory, Thacker

Decision: Salomao v. Garland, No. 20-1856, 2022 WL 1301773 (4th Cir. May 2, 2022)