America Fonseca-Sanchez v. Alberto R. Gonzales

MANION, Circuit Judge.

The Immigration and Customs Enforcement (“ICE”) branch of the Department of Homeland Security (“DHS”) issued a Final Administrative Removal Order (“FARO”) to America Fonseca-Sanchez, directing her removal from the United States. Fonseca-Sanchez then petitioned the Citizenship and Immigration Service (“CIS”) for interim relief under the “U” visa statute to avoid removal. Because DHS had not (and still has not) issued final “U” visa regulations to determine eligibility, CIS relied upon criteria contained in what it calls “guidance memoranda” issued by DHS. Based on those…