Where the Department of Homeland Security seeks to re-serve a respondent to effect proper service of a notice to appear that was defective under the regulatory requirements for serving minors under the age of 14, a continuance should be granted for that purpose. Matter of E-S-I-, 26 I&N Dec. 136 (BIA 2013), followed.
Filed under: NTA | Tagged: DHS, Immigration, Immigration Attorney, Immigration Lawyer, NTA, reserving minior, service of process | Leave a comment »
The Ninth Circuit upheld the Board of Immigration Appeals, holding that the failure of a Notice to Appear (NTA) to specify the date and location of a removal hearing has no effect on the stop-time rule. Accordingly, the court found that the petitioner, who had not accrued the requisite period of continuous physical presence by the time he was served with the NTA in his removal proceeding, was statutorily ineligible for cancellation of removal.
https://cbocalbos.wordpress.com/tag/defective-nta/
https://cbocalbos.wordpress.com/tag/deficient-nta/
https://cbocalbos.wordpress.com/tag/nta/
https://californiaimmigration.us/our-immigration-law-firm/
Filed under: NTA | Tagged: Cancellation of Removal, Immigration, Immigration Attorney, Immigration Lawyer, ninth circuit, NTA, Stop-Time Rule | Leave a comment »
Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 