Matter of Jose Antonio GARCIA, 28 I&N Dec. 693 (BIA 2023)

Decided March 24, 2023

In Matter of Garcia, 28 I&N Dec. 693 (BIA 2023). In this precedential decision, the BIA held that the controlling circuit law in immigration court proceedings is the law governing the geographic location of the immigration court where venue lies. 

For choice of law purposes, the controlling circuit law in Immigration Court proceedings is the law governing the geographic location of the Immigration Court where venue lies, namely where jurisdiction vests and proceedings commence upon the filing of a charging document, and will only change if an Immigration Judge subsequently grants a change of venue to another Immigration Court. Matter of R-C-R-, 28 I&N Dec. 74 (BIA 2020), clarified.

Matter of Garcia, 28 I&N Dec. 693 (BIA 2023)

{FULL CASE} 

NEED TO MOVE YOUR CASE TO A DIFFERENT IMMIGRATION COURT LOCATION?

If you are looking to change the venue of your removal proceedings see this guide from the Immigration Court that will show you how to file a Motion to Change Venue if you don’t have a lawyer.  

EOIR’s Pro Se Guide to Motions to Change Venue

EOIR’s Guide for noncitizens who do not have a lawyer, For How to Ask the Court to Move your Case to a Different Location (SELF-HELP GUIDE).