Matter of A-S-M-, (BIA 2021)

Decided April 9, 2021

This is a procedural case involving withholding of removal and reinstatement proceedings.  The BIA sustained the appeal holding that where the Department of Homeland Security states that an applicant may be removed to a country pursuant to section 241(b)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1231(b)(2) (2018), the applicant may seek withholding of removal from that country in withholding-only proceedings, even if that country is different from the country of removal that was originally designated in the reinstated removal order on which the withholding-only proceedings are based.