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BIA Amicus Brief Invitation: Arriving Aliens (Due Jan. 4, 2020)

December 04, 2020 (1 min read)

BIA, Dec. 4, 2020

"Amicus Invitation No. 20-04-12

AMICUS INVITATION (Arriving Alien), Due Date: January 4, 2021

December 4, 2020 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue:


1. Is an alien who has come approximately 50 miles into the United States still an alien who is “arriving” under section 235(b)(2)(C) of the Immigration and Nationality Act, such that he or she may be returned to contiguous territory pending a proceeding under section 240 of the Act? In other words, has such an alien exceeded the temporal or geographic limit to the application of the “arriving” language in section 235(b)(2)(C) of the Act? See Matter of M D C V, 28 I&N Dec. 18 at 23 (BIA 2020).

2. Is the distinction in prior law between exclusion and deportation proceedings relevant to this issue? E.g., Matter of Z, 20 I&N Dec 707 (BIA 1993)."