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Tag: BIA

  • An Incurable Notice to Appear

    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)

    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

    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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