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Tag: appeal

  • If the Board’s Email Goes to Your Spam …

    If the Board’s Email Goes to Your Spam …

    A Respondent was being represented by an attorney in removal proceedings and was ordered removed. The attorneys for the Respondent filed a notice of appeal in a timely manner. On July 29, 2023, the Board issued a briefing schedule granting the Respondents until August 21, 2023, to file a brief. The briefing schedule was served…

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  • Respondent With A Pending Appeal of a Criminal Conviction Does Not Have a Criminal Conviction

    Respondent With A Pending Appeal of a Criminal Conviction Does Not Have a Criminal Conviction

    The Board of Immigration Appeals published a decision holding that when a respondent has a pending appeal under section 460.30 of the New York Criminal Procedure Law the criminal conviction his not yet final and therefore the respondent has not been “convicted” as defined by INA §1101(a)(48)(A). Matter of Brathwaite Matter of Brathwaite, 28 I&N…

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