BIA “JUST SAYS NO” TO “ONCE A UAC, ALWAYS A UAC” — Matter of M-A-C-O-, 27 I&N Dec. 477 (BIA 2018)

An Immigration Judge has initial jurisdiction over an asylum application filed by a respondent who was previously determined to be an unaccompanied alien child but who turned 18 before filing the application.

PANEL:  BIA APPELLATE IMMIGRATION JUDGES COLE & WENDTLAND; JUDGE CROSSETT, TEMPORARY BIA APPELLATE IMMIGRATION JUDGE

OPINION BY:  JUDGE CROSSETT

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When I was a sitting Judge at the Arlington Immigration Court: 1) I generally accepted the DHS designation of who was a UAC; and 2) I followed the general maxim that “once a UAC, always a UAC.” Guess I was wrong on both counts. Interestingly, I don’t remember any real disputes between the ICE Assistant Chief Counsel and the private bar on these points. I guess times have changed (or my recollection has faded).