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BIA Distinguishes Pereira and Dismisses Respondent’s Appeal

The BIA found that a notice to appear that doesn’t specify the time and place of an individual’s initial removal hearing vests an immigration judge with jurisdiction over the removal proceedings and meets the requirements of INA §239(a), so long as a notice of hearing specifying this information is later sent to the individual.

Court Finds BIA Erred in Requiring Asylum Petitioner to Prove Past Persecution and in Recharacterizing Her Social Group

The Fifth Circuit held that the BIA erred both in requiring the asylum petitioner to prove past persecution to establish a claim based on a well-founded fear of future persecution and in recharacterizing the petitioner’s claimed social group.

Make sure to file BIA Appeal on Time

The Second Circuit held that the BIA’s decision declining to certify the petitioner’s untimely appeal of his removal order was a discretionary determination and, accordingly, was not subject to judicial review.

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