In re R-A-, Respondent (Board decision, January 19, 2005)

In re R-A-, Respondent (BIA ID 3504): reconsideration ordered after final rule

Decision type
Board decision
Docket
ID 3504
Decided
January 19, 2005
Outcome
Remanded
Precedential status
Citable Board precedent
Checked against source
2026-08-28

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This is citable Board precedent from 2005, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 2005
The immigration statutes and regulations may have been amended, and later Board or court decisions may have changed the analysis since then. Treat this page as historical context, not current advice. Verify current law before relying on any specific rule mentioned here.
Interlocutory Attorney General review and remand order
The Attorney General returned the case to the Board for reconsideration following final publication of the proposed rule identified in the order. This order did not decide the respondent's claim. This is a published Attorney General order, not a final Board merits decision.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official BIA release. The full text is the agency's own release.
Read the official release (justice.gov)

Plain-English summary

The Attorney General remanded the case to the Board of Immigration Appeals for reconsideration following final publication of a proposed rule. The order directed the Board to reconsider its decision in light of the final rule. It did not resolve the merits of the respondent's claim.

Decision snapshot

  • Cited authorities: 65 Fed. Reg. 76,588 (Dec. 7, 2000)
  • Outcome: The case was remanded to the Board of Immigration Appeals for reconsideration.
  • Key point: The Board was directed to reconsider its decision after the proposed rule was finalized.

Full text (BIA official public release)

Cite as 23 I&N Dec. 694 (A.G. 2005)
Interim Decision #3504

In re R-A-, Respondent
Decided by Attorney General January 19, 2005 Decided by Attorney General January 19, 20011 Decided by Board June 11, 1999
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals

FOR APPLICANT: Jane B. Kroesche, Esquire, and Karen Musalo, Esquire, San Francisco, California FOR DEPARTMENT OF HOMELAND SECURITY: Joe D. Whitley, General Counsel

BEFORE THE ATTORNEY GENERAL
(January 19, 2005)
The case is remanded to the Board of Immigration Appeals for reconsideration following final publication of the proposed rule published at 65 Fed. Reg. 76,588 (Dec. 7, 2000). The BIA should reconsider the decision in light of the final rule.

1
The Attorney General’s January 19, 2001, and the Board’s June 11, 1999, decisions in this case were published as Matter of R-A-, 22 I&N Dec. 906 (A.G. 2001; BIA 1999).

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