BIA Finds Reopening Unwarranted Where Due Process Claim Was Speculative and Wholly Unsupported by Evidence in the Record
| In Matter of M–K–, decided on September 25, 2026, the BIA held that reopening was unwarranted because the respondent’s claim of a lack of due process was speculative, based on a series of false assumptions and fallacious reasoning, and wholly unsupported by the actual evidence in the record. The Board also held that a domestic media article consisting primarily of opinions with minimal and anonymously sourced facts will almost never be sufficient evidence to warrant reopening. The BIA thus denied the motion to reopen. |