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Immigration Law

CA9 on Due Process: Nolasco-Amaya v. Garland

Nolasco-Amaya v. Garland

"Petitioner Belkis Nolasco-Amaya, a native and citizen of Honduras, sought withholding of removal and protection under the Convention Against Torture (“CAT”). An immigration judge (“IJ”) denied her requested relief. Petitioner filed a Notice of Appeal to the Board of Immigration Appeals (“BIA”) without the assistance of counsel. The BIA summarily dismissed her appeal pursuant to 8 C.F.R. § 1003.1(d)(2)(i)(A) and (E). Petitioner challenges that summary dismissal, arguing that it violated her right to due process. We have jurisdiction under 8 U.S.C. § 1252. Petitioner’s Notice of Appeal was sufficiently specific to inform the BIA of the issues challenged on appeal, given her status as a pro se litigant. Accordingly, the BIA violated Petitioner’s right to due process by summarily dismissing her appeal. We grant the petition and remand for the BIA to consider the merits of Petitioner’s appeal."

[Hats off to Luis Cortes Romero!]