Asked 4 months ago - West Palm Beach, FLFlag
Before any ruling from BIA, case was remanded because I got married with a U.S.C., she filed a I-130; however, the marriage didn't work out, we separated and got divorced later and I-130 withdrawn. Later, prosecutorial discretion was declined by prosecutor. Can I request the Judge and/or still entitled to pursue my appeal to the BIA if I don't have any immediate relief?
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If the BIA did not make a decision on the Asylum appeal but instead remanded the case then the immigration judge's order was vacated and he will have to enter a new order of removal and you can appeal once again. Hopefully you have an attorney who is handling your case and you can discuss this with him or her.
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