Rodriguez v. Garland "The petition for panel rehearing is DENIED. Additionally, the court having been polled at the request of one of the members of the court and a majority of the judges who are in active service not having voted in favor, rehearing... Read More
Singh v. Garland "This appeal requires us to decide what notice must be given to noncitizens before the government can order them removed in absentia. ... The government reasons that because § 1229a(b)(5)(A) is written in the disjunctive and... Read More
Hon. Jeffrey S. Chase, Jan. 31, 2022 "The first three lessons learned from the BIA’s recent decision in Matter of Laparra 1 are: (1) the Board knows only one tune; (2) that tune is the “Falls Church Two-Step,” and (3) the tune... Read More
Order dated Dec. 9, 2021 , no appeal taken! Hats off to Ted Murphy ! Read More
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
Posos-Sanchez v. Garland "Noncitizens factually admitted to the United States at a U.S. port of entry while they hold temporary resident status under § 1255a(a) do not magically become unadmitted once their temporary resident status ends.... Read More
CLINIC, AIC, NIP/NLG, July 30, 2021 Strategies and Considerations in the Wake of Niz-Chavez v. Garland - "This practice advisory will discuss the Supreme Court’s decisions in Niz-Chavez and Pereira and provide strategies for practitioners... Read More
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
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
Link to the June 8, 2020 Order List here . Link to the SCOTUSblog case page, with all the briefs to date, here . Read More
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
Guadalupe v. Barr "In Pereira v. Sessions, the Supreme Court held that a Notice to Appear (NTA) that omits the time and date of appearance does not stop a noncitizen’s continuous residency period. The issue before us is whether Pereira abrogated... Read More
Matter of Rosales Vargas and Rosales Rosales, 27 I&N Dec. 745 (BIA 2020) A notice to appear that does not include the address of the Immigration Court where the Department of Homeland Security will file the charging document, see 8 C.F.R. §... Read More
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
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