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What Circuit’s Case Law is Controlling?

The Circuit Court with jurisdiction over the geographical location of the Immigration Court will control. See Matter of Garcia, 28 I&N Dec. 693 (BIA 2023).

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.