The BIA ruled that after an immigration judge has set a deadline for filing relief, the respondent’s opportunity to file the application may be deemed waived, prior to a scheduled hearing, if the deadline passes without submission of the application and no good cause for noncompliance has been shown. The BIA also ruled that, although the respondent was detained, appeared pro se, and used a Spanish interpreter at his video conference hearing, none of these factors, standing alone or taken together, constitute a denial of due process.
Home » Immigration Updates » BIA Rules on Failure to File an Application for Relief by Deadline Set by Immigration Judge
BIA Rules on Failure to File an Application for Relief by Deadline Set by Immigration Judge
Related Posts
BIA Finds Subsequent NTA Perfects Deficient NTA and Ends Accrual of Physical Presence for Purposes of Voluntary Departure
the BIA ruled that if an NTA fails to specify the time/place of an initial removal hearing, a subsequent NTA with the information perfects the deficient NTA…
EOIR Releases Policy Memo on Adjudicator Independence and Impartiality
EOIR issued a policy memo (PM 21-15) reiterating and memorializing EOIR’s policy regarding adjudicator independence and impartiality. The memo notes that it remains EOIR policy that adjudicator…
James McHenry to step down as head of EOIR.
James McHenry, a Trump appointee, announced via memo that he will step down from his position as head of EOIR effective Sunday, Jan 31. First appointed…
EOIR Final Rule on Appellate Procedures and Administrative Closure
Appellate procedures and administrative closures have changed https://brian-d-lerner-blog.com/tag/9th-circuit-court-of-appeals/ https://brian-d-lerner-blog.com/tag/administrative-appeals-office-aao-2/ https://brian-d-lerner-blog.com/tag/appeals/ https://californiaimmigration.us/bia-remands-case-where-defendant-appeals-in-absentia-order/
BIA Rules on Adverse Credibility Findings Based on Fraudulent Documents
The BIA found that immigration judges may find a document to be fraudulent without forensic analysis if it contains obvious defects or readily identifiable hallmarks of fraud…