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
EOIR rescinds policy memo on case processing at the BIA.
EOIR issued a policy memo rescinding and cancelling Policy Memo 20-01, Case Processing at the Board of Immigration Appeals. Policy Memo 20-01 originally provided guidance…
EOIR announces new privacy waiver and records release form.
EOIR announced the released of Form EOIR-59, Certification and Release of Records. The form enables current and former respondents who have or had business before…
EOIR Final Rule Making Major Changes to BIA Procedures Enjoined by District Court
EOIR final rule, Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure, which made dramatic changes to immigration appeals procedures. Earlier this month, a district court…
District Court Preliminarily Enjoins EOIR Rule on Appellate Procedures and Decisional Finality in Immigration Proceedings
A district court granted a motion for preliminary injunction and enjoined nationwide implementation of EOIR’s December 16, 2020, final rule that made drastic changes to the procedures and regulations…
BIA Rules Individuals Who Cooperate with Law Enforcement May Constitute a Particular Social Group if Their Cooperation Is Public in Nature
BIA ruled that individuals who cooperate with law enforcement may constitute a valid particular social group under the INA if their cooperation is public in nature,…