A Second Circuit panel ruled on Tuesday that an Ecuadorian migrant who was denied asylum will have her case heard again because the Board of Immigration Appeals did n’t take into account its own precedent when determining the reliability of border interviews.
The US Department of Justice argued in an August decision that the company was subject to judge-made legal regulations, and that the case may be remanded to the BIA because the agency violated its personal law.
The US claims that the government “misreads our earlier view” and” we reject the claim that our Circuit’s precedence imposes additional legal rules on the agency.”