When does a child age-out for purposes of serving as the qualifying relative for 42b Cancellation of Removal? In Roderico Filadelfo Perez‑Perez v. Pamela Bondi, No. 25‑3146 (6th Cir. Nov. 21, 2025), the Sixth Circuit addressed an extremely important question that has caused a divide among the Circuits–At what point in the 42b non-LPR Cancellation of … Read more
A Respondent was being represented by an attorney in removal proceedings and was ordered removed. The attorneys for the Respondent filed a notice of appeal in a timely manner. On July 29, 2023, the Board issued a briefing schedule granting the Respondents until August 21, 2023, to file a brief. The briefing schedule was served … Read more
Matter of John ARCINIEGAS-PATINO, 28 I&N Dec. 883 (BIA 2025) Where parties were properly served with electronic notice of the briefing schedule, arepresentative’s failure to diligently monitor the inbox, including the spam folder, of theemail address of record does not excuse a party’s failure to comply with briefing deadlines. In the case Matter of John … Read more
September 20, 2024, the Board of Immigration Appeals issued a decision in Matter of THAKKER, 28 I&N Dec. 843 (BIA 2024). Matter of Jurado, 24 I&N Dec. 29 (BIA 2006), aff’d sub. nom. Jurado-Delgado v. Att’y Gen. of U.S., 498 F. App’x 107 (3d Cir. 2009), overruled in part. In Matter of Thakker, the Board … Read more
Matter of H-C-R-C-, 28 I&N Dec. 809 (BIA 2024) (1) Applicants bear the burden of establishing their own credibility, and no statute or legal precedent compels an Immigration Judge to conclude that an applicant’s testimony is credible. (2) Rape is sufficiently severe to constitute torture and can never be a lawful sanction under the Convention … Read more
Matter of Aguilar Hernandez January 31, 2024, the Board issued a decision in Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024) finding: The Department of Homeland Security cannot remedy a notice to appear that lacks the date and time of the initial hearing before the Immigration Judge by filing a Form I-261 because … Read more