Many thanks, again, to Chuck Roth for NIJC for leading this effort.
Baez-Sanchez reiterates the 7th Circuits findings in L.D.G. v. Holder, 744 F.3d 1022 (7th Cir. 2014), where it found that the BIA and IJs had (d)(3) waiver authority as to U visas. The BIA later disagreed in Matter of Khan, 26 I&N Dec. 797 (BIA 2016), doubting that (d)(3) waivers were meant for U visa applicants. However, Baez holds the IJ has authority to decide (d)(3) waivers that came before them. Baez-Sanchez and L.D.G. are crucial for noncitizen victims of crime in the Seventh Circuit who are facing removal from the United States. Allowing IJs to decide on waiver applications ensures fair process, in-person proceedings, access to counsel, reasoned decision making, and the availability of appellate review. To read the case, click here: Baez Sanchez v Sessions (7th Cir Oct 2017)