RAMIREZ SANCHEZ v. MUKASEY
The Ninth Circuit Court of Appeals today released an opinion in RAMIREZ SANCHEZ v. MUKASEY, No. 06-70396, an administrative appeal.
PER CURIAM: [1] When the proceedings before the Board of Immigration Appeals (BIA) took place in this case, neither petitioners nor the BIA had the benefit of regulatory guidance regarding U Visas. The BIA declined to remand or reopen petitioners’ case — despite their outstanding U Visa application -because petitioners based their U Visa application on an offense that was not charged in the criminal complaint. As the preamble to the regulations makes clear, however, inclusion of the qualifying crime in the indictment or complaint is not a predicate to U Visa relief. 72 Fed. Reg. 53018 (Sept. 17, 2007). . . .