Burden of Proof in Removal Proceedings for Inadmissible Respondent
Our article focuses on the provision in section 240(c)(2)(A), which covers applicants for admission charged with inadmissibility in section 240 removal proceedings.
BIA Holds that Notice of Hearing Can “Perfect” NTA for Stop-Time Rule Purposes
The BIA held that a deficient notice to appear can be perfected by a notice of hearing which then triggers the stop-time rule in accord with Pereira.
Matter of Pena-Mejia: Rescission of In Absentia Order/Termination Unnecessary Where Alien Fails to Appear After Receiving NOH
The Board held in Matter of Pena-Mejia that rescission of an in absentia removal order and termination of removal proceedings is not necessary based on Pereira.
Matter of Miranda-Cordiero: Rescission of In Absentia Order/Termination Unnecessary When Alien Fails to Provide Address for NOH
The BIA held that rescission of an in absentia removal order is not necessary under Pereira v.Sessions after alien fails to provide address to the immigration court.
EOIR Memorandum on Acceptance of NTAs Post-Pereira
The EOIR published a memorandum on Notices to Appear in the aftermath of Pereira and immigration court jurisdiction over removal proceedings.
Ninth Circuit Holds That Deficient NTA Cannot Be Cured By Notice of Hearing
The 9th Circuit rejected Matter of Mendoza-Hernandez based on Pereira and held that a defective notice to appear cannot be cured by a notice of hearing.
When a Stepparent is a Qualifying Relative for Cancellation of Removal Hardship (Matter of Morales)
In Matter of Morales, the BIA detailed when a stepparent is a qualifying relative for establishing extreme hardship for cancellation of removal.
When a Step Child is Qualifying Relative for Cancellation of Removal Hardship (Matter of Portillo-Gutierrez)
In Matter of Portillo-Gutierrez, the BIA held that a stepchild who is a “child” under the INA is a qualifying relative for exceptionally unusual hardship.
BIA Holds That There is No Intent Requirement for False Claims to Citizenship (Matter of Zhang)
In Matter of Zhang, the BIA held that there is no “intent” requirement to deportability for false claims to U.S. citizenship under INA 237(a)(3)(D).
BIA Addresses When an Offense Under INA 237(a)(2) Makes an Alien Ineligible for Non-LPR Cancellation (Matter of Ortega-Lopez)
In Matter of Ortega-Lopez, the BIA reaffirmed Matter of Cortez regarding a crime of moral turpitude is a bar to non-permanent resident cancellation of removal
