What is The Deadline to File an Appeal to the BIA?
Is the deadline to file a EOIR-26 Notice of Appeal with the BIA now only 10 days per the Interim Final Rule or is it still 30 days? The deadline remains at 30 days for
Immigration Appeals Are Effectively Eliminated
Immigration Appeals Are Effectively Eliminated under a new interim final rule issued by the Department of Justice (DOJ), set to take effect on March 9, 2026. The rule drastically overhauls the Board of Immigration Appeals (BIA)
The Sixth Circuit’s Post‑Loper Bright Approach to INA § 1229b(b)(1)(D) in Perez‑Perez v. Bondi
When does a child age-out for purposes of serving as the qualifying relative for 42b Cancellation of Removal? In Roderico Filadelfo Perez‑Perez v. Pamela Bondi, No. 25‑3146 (6th Cir. Nov. 21, 2025), the Sixth Circuit addressed
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
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
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.
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
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
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
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
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