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Immigration Law

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

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 from exercising jurisdiction over removal proceedings, and it is therefore not a basis to terminate the proceedings of an alien who has been returned to Mexico under the Migrant Protection Protocols. Matter of J.J. Rodriguez, 27 I&N Dec. 762 (BIA 2020), followed.