Posted on July 15, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The absence of a checked alien classification box on a Notice to Appear (Form I-862) does not, by itself, render the notice to appear fatally deficient or otherwise preclude an Immigration Judge from exercising jurisdiction over removal proceedings, and it is therefore not a basis to terminate the proceedings of an alien who has been returned to Mexico under the Migrant Protection Protocols. Matter of J.J. Rodriguez, 27 I&N Dec. 762 (BIA 2020), followed.
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Posted on May 21, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA ruled that the absence of a checked alien classification box on a Notice to Appear (NTA) does not, by itself, render an NTA fatally deficient; preclude an immigration judge from exercising jurisdiction over removal proceedings; or terminate proceedings under the Migrant Protection Protocols.
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Posted on April 10, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Granting the petition for review, the 10th Circuit held that, given the unambiguous statutory language for the stop-time rule and Notices to Appear (NTAs), the stop-time rule is not triggered by the combination of an incomplete NTA and a notice of hearing.
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Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted rehearing en banc to revisit its prior decision filed on May 22, 2019, which held that a Notice to Appear that is defective under Pereira v. Sessions cannot be cured by a subsequent Notice of Hearing and therefore does not terminate the residence period required for cancellation of removal.
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Posted on June 3, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Concluding that Popa v. Holder had been effectively overruled, the Ninth Circuit heldthat a Notice to Appear (NTA) that is defective under Pereira v. Sessions cannot be cured by a subsequent Notice of Hearing, and therefore does not terminate the residence period required for cancellation of removal. The court thus concluded that, because the petitioner had never received a valid NTA, his residency continued beyond his receipt of the NTA in 2008, and accordingly, he was eligible for cancellation of removal.
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Posted on June 3, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit held that DHS’s failure to include the time and date of the petitioner’s hearing in the Notice to Appear (NTA) was a failure to follow a claim-processing rule, not a jurisdictional flaw, and that the petitioner did not timely object to DHS’s misstep.
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Posted on May 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a split en banc decision, the BIA held that where a notice to appear does not specify the time and place of an individual’s initial removal hearing, the subsequent service of a notice of hearing containing that information “perfects” the deficient notice to appear and triggers the “stop-time” rule. The BIA thus remanded to the immigration judge to consider whether the individuals have met their burden to demonstrate 10 years of continuous physical presence in the United States measured backward from service of the notices of hearing.
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Posted on February 12, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit denied the petition for review of the BIA’s denial of relief from removal after the petitioner argued that in light of Pereira v. Sessions, a Notice to Appear (NTA) lacking the time and date of the hearing was insufficient to vest jurisdiction with the immigration court. Citing Matter of Bermudez-Cota, the court held that even when an NTA doesn’t specify the time and date of an individual’s initial removal hearing, as long as a notice of hearing specifying this information is later sent to the individual in a timely manner, the immigration court has jurisdiction over the individual’s removal proceedings.
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Posted on January 28, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
he Sixth Circuit determined the BIA erred in finding new evidence was previously available and that the BIA failed to consider hardship ground raised in the Motion to Reopen, instead offering a cursory analysis that didn’t allow for meaningful review. The court remanded the case to properly apply the law. The court also addressed petitioner’s argument that no jurisdiction was vested in the immigration judge, BIA, or court because the Notice to Appear failed to state the time and place of the hearing, holding that jurisdiction was vested and distinguishing the stop-time rule in Pereira.
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Posted on November 29, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS’s new NTA policy and new restrictions on when immigration judges can issue continuances have made applying for a U visa a much riskier endeavor for undocumented crime victims, leading immigration attorneys to discourage them from applying in certain circumstances. Around 75% of those granted U visas are sexual assault, domestic violence, and human trafficking victims
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