Commonly called "advance parole," this administrative device allows an alien in the United States, who fears that she will be inadmissible if she leaves and tries to return, to leave with the assurance that she will be paroled back into the United States upon return. Assa'ad v. United States Att'y Gen., 332 F.3d 1321, 1326-27 (11th Cir. 2003). Parole, however, is not regarded as an admission of the alien.
We review the BIA's denial of a motion for reconsideration for an abuse of discretion. Assa'ad v. U.S. Att'y Gen., 332 F.3d 1321, 1341 (11th Cir. 2003). Our review is limited to determining whether the BIA exercised its discretion arbitrarily or capriciously.
We review a Board of Immigration Appeals order denying a motion to reconsider for abuse of discretion. Assa'ad v. U.S. Att'y Gen., 332 F.3d 1321, 1341 (11th Cir. 2003). The Board abuses its discretion "when it misapplies the law in reaching its decision" or "by not following its own precedents without providing a reasoned explanation for doing so."
"We review the BIA's denial of a motion to reconsider for abuse of discretion." Assa'adv. U.S. Att'y Gen., 332 F.3d 1321, 1341 (11th Cir. 2003). A non-citizen may move to reconsider a decision that the alien is removable from the United States.
We review the BIA's denial of a motion to reopen removal proceedings and denial of a motion for reconsideration for an abuse of discretion. Zhang v. U.S. Att'y Gen., 572 F.3d 1316, 1319 (11th Cir. 2009) (motion to reopen); Assa'ad v. U.S. Att'y Gen., 332 F.3d 1321, 1341 (11th Cir. 2003) (motion for reconsideration). "
C. The BIA did not Abuse its Discretion When it Declined to Refer Mutua's Appeal to a Three-Member Panel Mutua argues that the BIA was required to refer his appeal to a three-member panel because his case involved a complex, novel, or unusual issue of law. Questions of law are reviewed de novo , with appropriate deference to the BIA's reasonable interpretation of the INA. Assa'ad v. U.S. Att'y Gen. , 332 F.3d 1321, 1326 (11th Cir. 2003). Under the regulations, a case "may" be assigned for review by a three-member panel but only under certain, limited circumstances.
We also review the Board's denial of a motion for reconsideration for an abuse of discretion. Assa'adv. U.S. Atty Gen., 332 F.3d 1321, 1341 (11th Cir. 2003). "The BIA abuses its discretion when it misapplies the law in reaching its decision," or when it fails to follow its own precedents "without providing a reasoned explanation for doing so."
We review the BIA's denial of a motion for reconsideration and the denial of a motion to reopen for abuse of discretion. Jiang v. U.S. Atty Gen., 568 F.3d 1252, 1256 (11th Cir. 2009); Assa'ad v. U.S. Atty Gen., 332 F.3d 1321, 1341 (11th Cir. 2003). Our review is limited to determining whether the BIA exercised its discretion in an "arbitrary or capricious" manner.
Advance parole is "a mechanism by which a district director can, as a humanitarian measure, advise an alien who is in [the United States], but who knows or fears that he will be inadmissible if he leaves and tries to return, that he can leave with assurance that he will be paroled back into the United States upon return." Assa'ad v. U.S. Att'y. Gen., 332 F.3d 1321, 1326-27 (11th Cir. 2003). When parole expires or is otherwise revoked, the nonimmigrant is subject to exclusion proceedings.
We review for abuse of discretion the Board's denial of a motion to reconsider. Assa'ad v. U.S. Att'y Gen., 332 F.3d 1321, 1341 (11th Cir. 2003). The Board abuses its discretion when it makes a decision that is arbitrary or capricious.