Immigration Law

Recent Posts

Over 63,000 DHS Cases Thrown Out of Immigration Court This Year Because No NTA Was Filed
Posted on 17 Oct 2022 by Daniel M. Kowalski

TRAC, Oct. 17, 2022 "As of the end of September 2022, Immigration Court judges dismissed a total of 63,586 cases because Department of Homeland Security officials, chiefly Border Patrol agents, are not filing the actual “Notice to Appear”... Read More

BIA (2-1) on Defective Notice, Jurisdiction: Matter of Fernandes
Posted on 5 Aug 2022 by Daniel M. Kowalski

Matter of Fernandes, 28 I&N Dec. 605 (BIA 2022) (1) The time and place requirement in section 239(a)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1229(a)(1) (2018), is a claim-processing rule, not a jurisdictional requirement. (2... Read More

Defective NTA Remand at CA5: Urbina-Urbina v. Garland
Posted on 4 May 2022 by Daniel M. Kowalski

Urbina-Urbina v. Garland (unpub.) "This is a consolidated petition seeking review of three orders from the Board of Immigration Appeals (“BIA”), affirming decisions from an immigration judge (“IJ”) denying Petitioners’... Read More

Unpub. BIA Termination Victory
Posted on 7 Feb 2022 by Daniel M. Kowalski

Helen Harnett writes: "I thought you might be interested in this BIA decision. The IJ terminated proceedings because the NTA did not contain a time or date. DHS filed an appeal, arguing: · That the Seventh Circuit in Ortiz-Santiago held... Read More

Matter of Arambula-Bravo, 28 I&N Dec. 388 (BIA 2021)
Posted on 23 Sep 2021 by Daniel M. Kowalski

Matter of Arambula-Bravo, 28 I&N Dec. 388 (BIA 2021) (1) A Notice to Appear that does not specify the time and place of a respondent’s initial removal hearing does not deprive the Immigration Judge of jurisdiction over the respondent’s... Read More

Another Twist on Niz-Chavez: The "Fake Date" Problem
Posted on 14 May 2021 by Daniel M. Kowalski

Prof. Geoffrey Hoffman, May 14, 2021 - "A fascinating twist on the factual scenario in Niz-Chavez is what to do if your client had an NTA with a so-called "fake date." The "fake date" problem is one you will remember well if you... Read More

Supreme Court: NTA Must Be a Single Document to Trigger Stop-Time Rule
Posted on 29 Apr 2021 by Daniel M. Kowalski

Niz-Chavez v. Garland (6-3) "Some circuits have accepted the government’s notice-by-installment theory. Others, however, have held that the government must issue a single and comprehensive notice before it can trigger the stop-time rule.... Read More

BIA on Voluntary Departure, Pereira: Matter of Viera-Garcia and Ordonez-Viera
Posted on 26 Jan 2021 by Daniel M. Kowalski

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... Read More

BIA Continues Line of Cases Validating Deficient NTAs Despite Grave Errors: Prof. Geoffrey Hoffman
Posted on 18 May 2020 by Daniel M. Kowalski

Prof. Geoffrey Hoffman, May 17, 2020 "The latest decision from the Board of Immigration Appeals (BIA), Matter of Herrera-Vasquez, 27 I&N Dec. 825 (BIA 2020) , is another case in the trend of cases at the Board validating unlawful Notice to... Read More

Matter of Herrera-Vasquez, 27 I&N Dec. 825 (BIA 2020)
Posted on 8 May 2020 by Daniel M. Kowalski

Matter of Herrera-Vasquez, 27 I&N Dec. 825 (BIA 2020) 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... Read More

CA10 on Stop-Time Rule, Pereira: BaƱuelos-Galviz v. Barr
Posted on 25 Mar 2020 by Daniel M. Kowalski

Bañuelos-Galviz v. Barr "[W]hat if an incomplete notice to appear is followed by a notice of hearing that supplies the previously omitted information? We conclude that the stop-time rule is still not triggered. In our view, the stop-time... Read More

BIA Amicus Brief Invitation: Alien Notice (Due Mar. 23, 2020)
Posted on 21 Feb 2020 by Daniel M. Kowalski

BIA, Feb. 21, 2020 "Amicus Invitation No. 20-21-02 AMICUS INVITATION (Alien Notice), Due Date: March 23, 2020 February 21, 2020 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing... Read More

Jeffrey S. Chase: Latest Pereira Developments
Posted on 3 Jun 2019 by Daniel M. Kowalski

Jeffrey S. Chase, June 3, 2019 "I have previously discussed the implications of the Supreme Court’s 2018 decision in Pereira v. Sessions here and here . There are two aspects to the Pereira decision. The first is the narrow issue presented... Read More

2 New BIA Decisions on Pereira
Posted on 22 May 2019 by Daniel M. Kowalski

27 I&N Dec. 546 (BIA 2019), Matter of PENA-MEJIA - Neither rescission of an in absentia order of removal nor termination of the proceedings is required where an alien did not appear at a scheduled hearing after being served with a notice to appear... Read More