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
Federal Court Orders ICE to Stop Pepper Spraying, Detaining, and Retaliating Against Protestors
On Friday, January 16, 2026, District Judge Katherine Menendez granted a preliminary injunction preventing Immigration and Customs Enforcement (ICE) officers in Minnesota from retaliating against demonstrators. The Order is the result of a lawsuit brought in
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.
Department of State v. Muñoz
In State Department v. Muñoz, the U.S. Supreme Court ruled against a U.S. citizen who said her constitutional rights were violated by the federal government when it denied a visa to her Salvadoran husband. Munoz
SCOTUS Limits Ability To Reopen & Rescind In Absentia Removal Orders
The Supreme Court issued a decision limiting the ability of noncitizens to reopen and rescind in absentia orders of removal issued against them in their June 14, 2024 decision, Campos-Chaves v Garland, 602 U.S. ___ (2024). The
Supreme Court Temporarily Blocks Texas Immigration Law
Republican Gov. Greg Abbott signed the measure, Senate Bill 4, into law in December 2023, granting local law enforcement the power to arrest migrants and judges the ability to issue orders to remove them to
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