Matter of Castillo-Perez (agency decision, December 3, 2018)

Plain-English summary

The Acting Attorney General directed the Board of Immigration Appeals to refer a respondent's case for review. The order requested briefing on the standard for determining good moral character in a cancellation-of-removal application and on the effect of multiple driving-under-the-influence convictions on moral character and discretionary relief. It set word limits, filing deadlines, and service instructions for the parties and interested amici. The order did not decide those questions or resolve the respondent's underlying immigration claims.

Decision snapshot

• Cited authorities: 8 U.S.C. §§ 1101(f) and 1229b(b); 8 C.F.R. § 1003.1(h)(1)(i)
• Outcome: The case was referred to the Attorney General for review, briefing was ordered, and no merits issue was resolved in this order.
• Key point: The order framed the issues for Attorney General review and invited briefing, but it did not decide the respondent's cancellation-of-removal claims.

Full text (BIA official public release)

Cite as 27 I&N Dec. 495 (A.G. 2018) Interim Decision #3947

          Matter of CASTILLO-PEREZ, Respondent
       Decided by Acting Attorney General December 3, 2018

                      U.S. Department of Justice
                     Office of the Attorney General


       BEFORE THE ACTING ATTORNEY GENERAL

Pursuant to 8 C.F.R. § 1003.1(h)(1)(i), I direct the Board of Immigration

Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision in this matter is automatically stayed pending my review. See Matter of Haddam, A.G. Order No. 2380-2001 (Jan. 19, 2001). To assist me in my review, I invite the parties to these proceedings and interested amici to submit briefs on points relevant to the disposition of this case, including:

   1. In connection with an application for cancellation of removal under 8 U.S.C.

§ 1229b(b), what is the appropriate legal standard for determining when an individual lacks “good moral character” under 8 U.S.C. § 1101(f)?
2. What impact should multiple convictions for driving while intoxicated or
driving under the influence have in determining when an individual lacks “good moral character” under 8 U.S.C. § 1101(f)?
3. What impact should multiple such convictions have in determining whether
to grant discretionary relief under 8 U.S.C. § 1229b(b)?

The parties’ briefs shall not exceed 15,000 words and shall be filed on or

before January 4, 2018. Interested amici may submit briefs not exceeding 9,000 words on or before January 18, 2019. The parties may submit reply briefs not exceeding 6,000 words on or before January 18, 2019. All filings shall be accompanied by proof of service and shall be submitted electronically to [email protected], and in triplicate to:

                     United States Department of Justice
                 Office of the Attorney General, Room 5114
                       950 Pennsylvania Avenue, NW
                            Washington, DC 20530

All briefs must be both submitted electronically and postmarked on or before the pertinent deadlines. Requests for extensions are disfavored.

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