Category: BIA

THE BIA SAYS THAT A NOTICE GOING TO THE SPAM FOLDER DOES NOT EXCUSE FAILURE TO COMPLY

January 18, 2025

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 23, 2024

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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MATTER OF H-C-R-C- (2024 credibility & CAT)

June 20, 2024

Matter of H-C-R-C-, 28 I&N Dec. 809 (BIA 2024) (1) Applicants bear the burden of establishing their own credibility, and no statute or legal precedent compels an Immigration Judge to conclude that an applicant’s testimony is credible. (2) Rape is sufficiently severe to constitute torture and can never be a lawful sanction under the Convention…
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Choice of Law

June 16, 2024

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

January 31, 2024

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

October 23, 2023

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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When Is A Government “Unable or Unwilling” To Protect Someone

September 27, 2023

When is a Government “unable or unwilling” to protect? The Board of Immigration Appeals (BIA), issued a precedential decision on asylum law, providing more guidance on how asylum applicants can meet the requirements of showing that a government is “unable or unwilling” to protect them from harm by private actors. Matter of C-G-T-, 28 I&N…
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UNLAWFUL PRESENCE BARS CAN RUN IN THE US, BIA & USCIS AFFIRM

August 29, 2023

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

March 24, 2023

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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