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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...

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...

Lorenzo Lopez v. Barr "We hold that a Notice to Appear that is defective under Pereira cannot be cured by a subsequent Notice of Hearing. The law does not permit multiple documents to collectively satisfy the requirements of a Notice to Appear...

Matter of Mendoza-Hernandez and Capula-Cortes, 27 I&N Dec. 520 (BIA 2019) Board En Banc: NEAL, Chairman; MALPHRUS, WENDTLAND, MULLANE, GREER, MANN, O’CONNOR, LIEBOWITZ, and KELLY, Board Members. Dissenting Opinion: GUENDELSBERGER, joined by...

Karingithi v. Whitaker "We consider whether the Immigration Court has jurisdiction over removal proceedings when the initial notice to appear does not specify the time and date of the proceedings, but later notices of hearing include that information...

Hernandez-Perez v. Whitaker - "Agency interpretations of their own regulations are “controlling unless ‘plainly erroneous or inconsistent with the regulation.’” Auer v. Robbins, 519 U.S. 452, 461 (1997) (quoting Robertson...

Jeffrey S. Chase, Dec. 8, 2018 - "Last week, the U.S. Court of Appeals for the Eleventh Circuit, a court generally known for its conservatism, issued an order granting an emergency stay of removal in the case of Manuel Leonidas Duran-Ortega v. U...

Matthew Hoppock, Sept. 20, 2018 - Post-Pereira, the DOJ Chooses Harsh IJ Performance Metrics Over Compliance With Supreme Court Mandate "It is starting to appear the Department of Justice has chosen not to comply with the Supreme Court’s...

Jeffrey S. Chase, Sept. 1, 2018 - "Although it hasn’t caught the attention of the public or the media, the Supreme Court’s June 21 decision in Pereira v. Sessions has inspired immigration lawyers this summer, giving reason to hope and...

Matter of Bermudez-Cota, 27 I&N Dec. 441 (BIA 2018) - A notice to appear that does not specify the time and place of an alien’s initial removal hearing vests an Immigration Judge with jurisdiction over the removal proceedings and meets the requirements...

Prof. Geoffrey A. Hoffman, Aug. 27, 2018 - "Section 240B of the Immigration and Nationality Act (INA) provides for the right of respondents in removal proceedings to seek voluntary departure “at the conclusion” of removal proceedings...

Amy Taxin, Associated Press, Aug. 14, 2018 - "Immigration courts from Boston to Los Angeles have been experiencing fallout from a recent U.S. Supreme Court decision that has caused some deportation orders to be tossed and cases thrown out, bringing...

National Immigration Project, National Lawyers Guild, July 2018 - "This practice advisory provides information on how to use Pereira v. Sessions to overcome the “stop-time” rule and more broadly, to challenge Immigration Court Jurisdiction...

Pereira v. Sessions - "If the Government serves a noncitizen with a document that is labeled “notice to appear,” but the document fails to specify either the time or place of the removal proceedings, does it trigger the stop-time rule...

National Immigration Project, National Lawyers Guild, July 2018 - "This practice advisory provides information on how to use Pereira v. Sessions to overcome the “stop-time” rule and more broadly, to challenge Immigration Court Jurisdiction...