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.
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.
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.
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.
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.
The EOIR published a memorandum on Notices to Appear in the aftermath of Pereira and immigration court jurisdiction over removal proceedings.
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.
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