On Jan. 10, 2023 Denver Immigration Judge issued this order dismissing removal proceedings due to a defective NTA, discussing Pereira, Niz-Chavez and 10th Cir. caselaw. Hats off to Denver attorney Ryland Warner . Read More

In Matter of Fernandes , the BIA held that "DHS may remedy the noncompliant notice to appear. The precise contours of permissible remedies are not before us at this time." Former IJ Jeffrey S. Chase wrote this analysis . Counsel for respondent... Read More

Hon. Jeffrey S. Chase, Dec. 5, 2022 "Back in August, the BIA issued Matter of Fernandes ,1 the latest installment in the ongoing saga of Pereira v. Sessions .2 Four years after Pereira , Fernandes established that a timely challenge to a defective... Read More

NILA in Action, Nov. 7, 2022 "In LaParra-DeLeon v. Garland , NILA submitted an amicus brief and reply brief in support of the petitioner, on behalf of itself and three other immigrants’ rights organizations. The case, a petition for review... Read More

Parada v. Garland "[T]he BIA’s decision to deny Parada’s motion to reopen was based on a legally erroneous interpretation of the statutes governing Notices to Appear and the stop-time rule. The Supreme Court has since reinforced the... Read More

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