BIA Remands Untimely Motion Due to Inaccurate Information

BIA Remands Untimely Motion Due to Inaccurate Information

The Board of Immigration Appeals (BIA) serves to interpret and apply immigration laws, hearing appeals from certain decisions made by immigration judges and by the DHS in which the U.S. Government is one party and the other party is an alien, citizen, or business firm. In recent news, the BIA has remanded a motion even though the respondent’s motion was untimely filed.

Most motions that are not made within the correct time frame are not accepted by the BIA. In this case, however, the BIA remanded because the respondent received inaccurate information from the Department of Homeland Security (DHS) officials regarding how to proceed. The BIA also obtained conviction records that were not previously in the record, which revealed that the respondent was not convicted of an aggravated felony under Immigration and Nationality Act § 101(a)43(F). This information was provided courtesy of Attorney Haitham Ballout.

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