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Immigration Law

BIA on Voluntary Departure, Pereira: Matter of Viera-Garcia and Ordonez-Viera

Matter of Viera-Garcia and Ordonez-Viera, 28 I&N Dec. 223 (BIA 2021)

Headnote: Where a notice to appear fails to specify the time or place of a respondent’s initial removal hearing, the subsequent service of a notice of hearing specifying this information perfects the notice to appear and ends the accrual of physical presence for purposes of voluntary departure at the conclusion of removal proceedings pursuant to section 240B(b) of the Immigration and Nationality Act, 8 U.S.C. § 1229c(b) (2018).

"... Because the respondents entered the United States on May 1, 2014, they have demonstrated that they were physically present in the United States for a period of at least one year pursuant to section 240B(b)(1)(A) of the Act. We will therefore reverse the Immigration Judge’s conclusion that the respondents did not demonstrate the requisite period of physical presence for purposes of voluntary departure under section 240B(b) of the Act. ..."