When the Board of Immigration Appeals sends a case back to immigration court, another hearing is not automatic.
In Matter of C-M-H-H-, 30 I&N Dec. 124, decided October 2, 2026, the BIA clarified that jurisdiction returns to the immigration judge after remand. The judge must follow the remand order, including any limits on what may be reconsidered. EOIR precedent summary
In this case, the Board upheld a new decision issued without another hearing. The respondent had already received a full and fair opportunity to present his claims, and the remand did not expressly require additional hearings or reopening the evidentiary record. The Board also found that he had not established a basis for reopening. These circumstances matter when evaluating what the decision means for another case. Official decision, pages 125–127
If your case has been returned to immigration court, useful questions for your attorney include:
- What exactly does the remand order require?
- What issues have already been decided?
- What evidence was previously presented, and what additional evidence do you want considered?
- What do the current notices and orders require next?
Have the remand order, prior decisions and hearing notices available for review. Keep private case documents out of public comments and social-media messages.
For an attorney consultation, call the Law Offices of Pejman Behkar, APC at 424-421-5552.
General information, not individual legal advice. No hearing, reopening or outcome is guaranteed.