Matter of John ARCINIEGAS-PATINO, 28 I&N Dec. 883 (BIA 2025)

Where parties were properly served with electronic notice of the briefing schedule, a
representative’s failure to diligently monitor the inbox, including the spam folder, of the
email address of record does not excuse a party’s failure to comply with briefing deadlines.

In the case Matter of John Arciniegas-Patino, the Board of Immigration Appeals (BIA) considered a motion to reconsider a previous decision. The BIA had previously dismissed the respondents’ appeal for not submitting a brief or explaining the reasons for their appeal. The respondents argued they did not receive notice of the briefing schedule.

The BIA denied the motion to reconsider, stating that the respondents’ counsel was properly served electronically with the briefing schedule. The BIA emphasized that the respondents had constructive notice that their case was electronic and that their counsel should have actively monitored the inbox and spam folder of the email address on record with the EOIR.

The BIA concluded that the respondents’ failure to comply with briefing deadlines was not excused by their representative’s failure to diligently monitor the email inbox.