Tag: BIA
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THE BIA SAYS THAT A NOTICE GOING TO THE SPAM FOLDER DOES NOT EXCUSE FAILURE TO COMPLY
Matter of John ARCINIEGAS-PATINO, 28 I&N Dec. 883 (BIA 2025) Where parties were properly served with electronic notice of the briefing schedule, arepresentative’s failure to diligently monitor the inbox, including the spam folder, of theemail address of record does not excuse a party’s failure to comply with briefing deadlines. In the case Matter of John…
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BIA’s Decision in Matter of Thakker
September 20, 2024, the Board of Immigration Appeals issued a decision in Matter of THAKKER, 28 I&N Dec. 843 (BIA 2024). Matter of Jurado, 24 I&N Dec. 29 (BIA 2006), aff’d sub. nom. Jurado-Delgado v. Att’y Gen. of U.S., 498 F. App’x 107 (3d Cir. 2009), overruled in part. In Matter of Thakker, the Board…
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Choice of Law
In Matter of Garcia, 28 I&N Dec. 693 (BIA 2023) the Board of Immigration Appeals (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. A year later the Board clarified this further in Matter of M-N-I-, 28 I&N Dec. 803…
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An Incurable Notice to Appear
Matter of Aguilar Hernandez January 31, 2024, the Board issued a decision in Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024) finding: The Department of Homeland Security cannot remedy a notice to appear that lacks the date and time of the initial hearing before the Immigration Judge by filing a Form I-261 because…
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Matter of H. N. Ferreira, 28 I&N Dec. 765 (BIA 2023)
Given the significance of a respondent’s interest in securing review of a denial of a petition to remove the conditions on permanent residence, an Immigration Judge should ordinarily review the denial of a Form I-751 upon the request of the respondent. [Full Decision] Matter of H. N. Ferreira, 28 I&N Dec. 765 (BIA 2023) At…
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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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UNLAWFUL PRESENCE BARS CAN RUN IN THE US, BIA & USCIS AFFIRM
UNLAWFUL PRESENCE AND THE THREE/TEN-YEAR-BAR Under the unlawful presence grounds of inadmissibility, the three- and ten-year bars at INA § 212(a)(9)(B) penalize people who are present in the US. without any lawful immigration status for more than 6 months and 12 months respectively. This could be overstaying a visa by failing to depart the US.…
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BIA Addresses Choice of Law
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…
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