WebBIA appeal process and beyond to the circuit court. Each is intimately familiar with the functioning of immigration courts To learn more, please go to scam.immigrationcouncil.org. Chapter 1 - The Board of Immigration Appeals Chapter 2 - Appearances Before the Board Chapter 3 - Filing with the Board Chapter 4 - Appeals of Immigration Webthe Department of Justice that also includes the Immigration Judges. h,
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, categorical approach, realistic probability, endangering the welfare of a child, child abuse, NYPL 260.10(1). Corroborating Client-Specific Documents, 30. petitions for review of a decision of the Board of Immigration Appeals (BIA) _____ * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. would grant the petition in Case No. Immigration: BIA: Subm. |q3o!2 %p@jI>O, attorney has accepted an asylum case for representation, NIJC will send a copy of the clients file and contact information to the attorney. indicates submission deferred. WebAnnotated Sample Notice of Appeal to the BIA Immigration Justice Campaign The first step in appealing an immigration judge's decision to the Board of Immigration Appeals The American Immigration Council warns non-citizens to guard against spoofing phone calls from ill-intended individuals seeking to create panic among our immigrant community. You notify the Board of Immigration Appeals of the appeal This is done by completing Form EOIR-26 from the EOIR website, preparing a copy of the immigration court's asylum denial, and submitting Form EOIR-27 if you are represented by counsel (strongly recommended). On appeal to the BIA, the BIA affirmed. The American Immigration Council warns non-citizens to guard against spoofing phone calls from ill-intended individuals seeking to create panic among our immigrant community. hb``` eap ki`fp`SX,`W2KZ,3Y}9Xdyqria[e>K#7S)3y42Dbkt[]9s+g=s=+v^|B WebAn appeal of an immigration decision may be filed with the Board of Immigration Appeals. 20. You cannot be deported Immigration Justice Campaign is an initiative of American Immigration Council, American Immigration Lawyers Association, and American Immigration Representation Project. L(yq@)/%S
C$bCPG8w~0EJ0Il+Ne@w! Amicus briefs filed with BIA challenging changes to modified categorical approach in light of Pereida v. Wilkinson (filed BIA 2021;pending) Pereida, modified categorical approach: Amicus Brief filed with BIA challengingMatter of Pickering and advocating for fuller recognition of post-conviction relief (filed with BIA 2021;pending) Pickering, post-conviction relief, statutory interpretation, federalism canon, Immigration Judge and Board of Immigration Appeals decisions concerning overbreadth in New York firearms cases NYPL Article 265, realistic probability, antique firearms, Amicus Brief filed with USCIS in Support of Petition for U-Nonimmigrant Status U-visa, arrest records, discretionary denial, Amicus Brief filed with BIA in Support of Eligibility for 212(c) Relief (filed with BIA 2018; pending) 212(c), twin pillars, CIMT, Judulang, Supplemental Brief in Support of Statutory Motion to Reconsider and Terminate or Remand (in Light of Pereira v. Sessions) (filed with BIA, July 2018) motion to reconsider, equitable tolling, Pereira, cancellation of removal, stop-time, Statutory Motion to Reconsider and Terminate in Light of Sessions v. Dimaya (and Pereira v. Sessions) (filed with the Houston Immigration Court, July 2018) counsel Ronaldo Rauseo-Ricupero (of Nixon Peabody), motion to reconsider, aggravated felony, equitable tolling, categorical approach, crime of violence, Statutory Motion to Reconsider and Terminate in Light of Obeya v. Sessions (filed with BIA March 2018) motion to reconsider, petit larceny, 155.25, CIMT, retroactivity, equitable tolling, Statutory Motion to Reconsider and Terminate in Light of Harbin v. Sessions (filed with BIA July 2017) motion to reconsider, aggravated felony, controlled substance offense, equitable tolling, NYPL 220.31, Mohamed v. Sessions, 727 F. Appx 32 (2d Cir. All rights reserved |, Sample Withholding of Removal: Nicaraguan Political Case, Sample Asylum Brief: Particular Social Group, Sample Convention Against Torture Brief: Transgender Mexican Woman, Sample Asylum Brief: Particular Social Group and Political Opinion. Click the New Document option above, then drag and drop the document to the upload area, Board of Immigration Appeals Style Manual A Guide to Drafting Board Decisions The guidance contained in this manual is updated periodically. G{xxTj&+LsuCwCf]Yl3\|4k[eXx*` n6!:|. Because asylum cases are very resource and labor intensive, NIJC typically Ct. Aug. 13, 2020), , post-conviction relief, NYPL 440.10(1)(h), arbitrary and capricious. WebHowever, note that Notices of Appeals, briefs, and other filings may not be filed by e-registry. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Immigration Justice Campaign
conviction finality conviction finality, Ozkok, Puello, Chevron, rule of lenity, Lorillard, Matter of Mendez, 27 I&N Dec. 219 (BIA 2018) adjudicative retroactivity, CIMT, Lugo, Second Circuit, Andrews v. Sessions (2d Cir. Ct. Dec. 1, 2021). counsel David Zimmer (of Goodwin Proctor). Where, as uUqqRvjYWTr a
Update: After submission of this, and other amicus briefs, the Department of This deadline is very strictly enforced. 365 0 obj
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Immigration: BIA: Subm. If you'd like to submit a volunteer application, please go here. 0
On November 1, 2005, he entered the United States without being admitted or paroled and was apprehended and placed in removal proceedings. It does not constitute legal advice. Even if the attorney does not intend to represent the applicant on appeal, they should consider assisting the applicant to fill out the Notice of Appeal. stream Rocky Mountain Immigrant Advocacy Network, University of Wisconsin Law School Immigrant Justice Clinic, Copyright 2023 American Immigration Lawyers Association & American Immigration Council. It is wise to make all briefs and motions as concise as possible: the decision-maker will likely form an opinion on You should always consult an attorney regarding your matter. A certificate of service must also be included with your Notice of Appeal, stating that service of the Notice was made on the Office of the Chief Counsel. 1003.1(e)(6). 2018) counsel Orrick Herrington & Sutcliffe, amicus counsel Stanford Immigrants Rights Clinic, modified categorical approach, burden of proof, divisible statute, Almanza-Arenas, relief eligibility, cancellation of removal, Marinelarena v. Sessions (9th Cir. All rights reserved. Contact campaignwebsite@immcouncil.org for additional &Kib}S|V7Xs`UeoUF0H{MWIQ pro bono . ;w=XCZnru'P~F&bX+ OUI|\vunH87)XZe:PyD
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1Because the majority of IJ decisions are affirmed without opinion by a single BIA member, it is important to fully understand the circumstances under which a three-member panel is required and to argue zealously for a three-member panel. WebThe Practice Manual is clear about the BIAs expectations of appeal briefs. The BIAs mission is to execute the adjudicatory functions of the Attorney General under the Immigration and The American Immigration Council warns non-citizens to guard against spoofing phone calls from ill-intended individuals seeking to create panic among our immigrant community. The information contained herein is for reference only and may not be up to date. WebExecutive Office for Immigration Review Board of Immigration Appeals Individuals who cooperate with law enforcement may constitute a valid particular social group under the 2023 Immigration Equality. 351 0 obj
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indicates the case will be submitted on the briefs, "Def." 21-50094: USA v. A Time / Side value of "Subm." Unpublished decision of the Board of Immigration Appeals, dated Sept. 9, 2019; Amicus Brief filed with USCIS in Support of Petition for U-Nonimmigrant Status 2021; pending): Brief of IDP et al in Support of Petitioner categorical approach, divisibility, Mathis. 21-50094: USA v. A Time / Side value of "Subm." ansears@heartlandalliance.org. In it, he argues that the IJ was correct with the finding that Mr. G-s Georgia conviction for making threats does not constitute an aggravated felony. %PDF-1.5
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WebAmici curiae are thirty-five former immigration judges and members of the Board of Immigration Ap-peals (BIA or Board).2 Amici curiae have dedicated their careers to the immigration court system and to upholding the immi-gration laws of the United States. WebCite as 27 I&N Dec. 767 (BIA 2020) Interim Decision #3976 767 Matter of E-R-A-L-, Respondent Decided February 10, 2020 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) An aliens status as a landowner does not automatically render that alien a member of Immigration: S. CA: 15 min: 21-1352: Loya-Leon v. Arlan Harrell - Briefs filed under seal. Ag-s~gwygm`!Ubb'Q,noG+gef0O\^VOE 6qV;AZ|o?xWMeUlcUBek|3-wes1O] endstream
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The BIA and IJ were permitted to afford substantial weight to inconsistencies that bear[] directly on [Rodriguez-Ramirez]s claim of persecution. Manes v. Sessions, 875 F.3d 1261, 1264 (9th Cir. iXJ{+ kIax&. All you have to do is download it or send it via email. % His parents are both Ethiopian nationals; thus, upon birth, Mr. [2:19-cv-00632-MCE-AC] Civil: E. 1331 G St. NW, Suite 200
JnG~uPs"WUc\+? Garland - A citizen of Haiti petitions for review of the Board of Immigration Appeals' denial of asylum and related relief. 22-524 in part and remand Elizaldes asylum claim to the BIA. "c jL@00RNgh` b$
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hb```f``d`d`aa@ & dah`xQJDh3VZ^ Z$SY ]AU@. FACTUAL AND PROCEDURAL HISTORY The applicant is a native and citizen of El Salvador. WebSAMPLE Motion to Reconsider with the BIA [If applicable: DETAINED] UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW _____, hereby seeks reconsideration of this case in light of the Board of Immigration Appeals (BIA or Board) recent precedent decision in Matter of Abdelghany, 26 I&N Dec. Secure .gov websites use HTTPS BIA appeals are almost always done entirely on paper. All rights reserved |, If you already have an account with us, please, If you'd like to submit a volunteer application, please. Immigration: BIA: Subm. Chapter 1 - The Board of Immigration Appeals, Chapter 4 - Appeals of Immigration Judge Decisions, Chapter 1 - The Board of Immigration Appeals . Copyright 2023 American Immigration Lawyers Association & American Immigration Council. It is well-established that where the BIA has not made a tGP}| WebBRIEF OF RESPONDENT Jason A. Dzubow, Esquire Dzubow & Pilcher, PLLC 1900 L Street, N.W. RESPONDENT-APPELLANTS BRIEF ON APPEAL COMES NOW Respondent (Respondent or Appellant), through undersigned counsel, and pursuant endstream
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petitions for review of a decision of the Board of Immigration Appeals (BIA) _____ * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Washington, D.C., 20005. e:jO~Sje^ %PDF-1.7
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All referenced appendices in the Board of Immigration Appeals Practice Manual are available in the Shared Practice Manual Appendices. %%EOF
[2:17-cr-00404-AB-1] Criminal: C. CA: 10 min: 21-56272: Morayon Simmons v. 1331 G St. NW, Suite 200
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Web 1252(a)(1). Mr. G- responds with his brief on appeal. WebTo appeal before the Board of Immigration Appeals (BIA), the applicant must file a Notice of Appeal and required fee ($110 as of this writing, see F+{D_~T)ru. 60 0 obj
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At the time the Notice of Appeal must be submitted, there will generally be written opinion by the IJ which makes it very difficult for a new attorney on the case to file the form. 4 0 obj It did not appeal the IJs favorable exercise of discretion in the alternative. y-7j75MbbXe^y]Q)j@(<0@x3&\|AJZu~jOyW`F%WO)D!RUsC"D"?iCl=3Ybmp`MP$%{rMa?gz8`2x5<37"Bb'XK@g_y9#!oa
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|AByvuUbN&'I. counsel Orrick Herrington & Sutcliffe, amicus counsel Stanford Immigrants Rights Clinic, modified categorical approach, burden of proof, divisible statute, , relief eligibility, cancellation of removal, Petition for rehearing and rehearing en banc, , relief eligibility, cancellation of removal, conspiracy, expungement, CPC 182(a)(1), , categorical approach, equitable tolling, aggravated felony, drug trafficking, TH&SC 481.120, Child Citizenship Act, derivative citizenship, physical custody, forced separation, rule of lenity, doctrine of constitutional avoidance, fundamental rights. would grant the petition in Case No. hbbd``b`@ ` i@#i,#1
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would grant the petition in Case No. This page contains sample briefs on a range of issues. WebMEMORANDUM OF LAW IN SUPPORT OF APPLICATION FOR CANCELLATION OF REMOVAL FOR CERTAIN PERMANENT RESIDENTS AND WITHHOLDING OF REMOVAL I. Information on writing BIA appeals is beyond the scope of this manual, but two excellent resources are the BIA Practice Manual, which is put out bythe BIA itself, and the American Immigration Law Foundationspractice advisory on BIA practice. EOIR hotline The BIA provides automated case information at (800) 898- Office main line at (703) 605-1007 and speak to a live person, but the information that the phone clerk is authorized to give is limited. indicates submission deferred. 688 0 obj
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counsel David Debold (of Gibson Dunn), motion to reconsider, categorical approach, aggravated felony, controlled substance offense, equitable tolling, Motion to Reconsider and Terminate (filed with the BIA, July 2017). United States Court of Appeals Fifth Circuit FILED April 25, 2023 Garland - A citizen of Haiti petitions for review of the Board of Immigration Appeals' denial of asylum and related relief. zKF1FogQpsY(}
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:*=] Each of these is discussed briefly below. The Notice of Appeal (EOIR-26, seehttp://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir26.pdf) is a relatively straightforward form, but the grounds of appeal must be stated sufficiently to avoid summary dismissal. 21-50094: USA 716 0 obj
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The Board of Immigration Appeals (BIA) had jurisdiction to hear this case pursuant to 8 C.F.R. 22-15931: Burt Camenzind v. California Exposition and State Fair - An appeal from the district court's summary judgment in favor of defendants in an action alleging that plaintiff's free speech rights were violated when he was ejected from California's state fairgrounds and threatened with arrest for leafleting. WebMerrick Garland - A citizen of Mexico petitions for review of the Board of Immigration Appeals' denial of asylum and related relief. review of the Board of Immigration Appealss (BIA) order adopting the Immigration Judges (IJ) adverse credibility determination and denial of his governor would tell him to leave the country after such a brief exchange. Filing the Notice of Appeal automatically stays the removal order until the final decision by the BIA. 2018) counsel Richard Mark (of Gibson Dunn), petit larceny, adjudicative retroactivity, 155.25, CIMT, Diaz-Lizarraga, Lugo, Second Circuit, Amicus Brief of IDP et al. Several (generally 618) months after the Notice of Appeal has been filed, the attorney of record, or respondent if there is no attorney of record, will receive the transcript and record on appeal. To learn more, please go to scam.immigrationcouncil.org. WebAsylum Sample BIA Brief Domestic Violence . Merrick Garland - A citizen of Guatemala petitions for review of the Board of Immigration Appeals' denial of a motion to reopen removal proceedings based on changed country conditions. %%EOF
It should also be sent by certified mail return receipt requested or via Federal Express or other overnight delivery service. Immigration authorities have described it as perhaps the most complex and difficult to understand ground for asylum.
Decision of Immigration Judge Alice Segal, A-XXX-XXX-XXX (N.Y. Imm. In 2014, the Board of Immigration Appeals (BIA), the highest administrative body responsible for interpreting and applying federal immigration laws, held that a particular social group must have three characteristics. 8ttONp]Kw4qpf\YmmYm7`y\%b`loh T.!,V:+6>+FEuiVfM+Q~i"OPv:`6l6H!U pw0mrsRl qQqDKs5=r >2%zj[Z1L Client, A# 000 000 000 Clients Daughter, A# 000 000 000 5. Washington, D.C., 20005. NOTE that as of February 20, 2020, pre-hearing briefs in Immigration Court are limited to 25 pages.
To learn more, please go to scam.immigrationcouncil.org. hb```J$``0p, hjHmI1e*uejDg%I`V5sYg/B +&gsgU]d~8+US-.h.U$ EQi# h
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@l:Feb~.f Appeals of decisions on an I-130, Petition for Alien Relative, or other decisions that are appealed to the BIA, are filed on Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer with the office that made the decision on the petition. Be aware that BIA Attorney 2018; pending en banc) counsel Orrick Herrington & Sutcliffe, amicus counsel Stanford Immigrants Rights Clinic, modified categorical approach, burden of proof, divisible statute, Almanza-Arenas, relief eligibility, cancellation of removal, conspiracy, expungement, CPC 182(a)(1), Cruz Tellez v. Sessions (5th Cir. All correspondence to the BIA must include a certificate of service to the Office of the Chief Counsel. WebYour appeal will have two procedural stages to get through: 1. To appeal before the Board of Immigration Appeals (BIA), the applicant must file a Notice of Appeal and required fee ($110 as of this writing,seewww.usdoj.gov/eoir/appealtypes.htmfor updates) with the BIA so that is received within 30 days of the Immigration Judges (IJs) decision. I. "%8ot,}sT@AF( he T IJs common-sense conclusion was reasonable, so it supports the adverse credibility determination. All rights reserved |, Sample Motion to Convert Individual Hearing to Master Calendar, Motion for Custody Redetermination New Arrivals, Sample Simple Motion for Telephonic Appearance, Motion to Appear Telephonically (Template), Motion for Bond Re-Determination Bond Reduction, Motion for Bond Hearing Changed Circumstances, Annotated Sample Notice of Appeal to the BIA, Sample BIA Brief, Asylum (credibility, corroboration), Sample BIA Brief, Asylum (direct appeal and remand, pro se respondent), Sample BIA Brief, Asylum (due process, remand, administrative notice), Sample BIA Brief, Asylum (nexus, past persecution, CAT), Sample BIA Brief, Asylum and Withholding of Removal (nexus, internal relocation), Sample Brief, Asylum, Withholding of Removal and CAT (particularly serious crime), Sample BIA Brief, Interlocutory Appeal (venue), Sample BIA Brief, Non-LPR Cancellation of Removal, Sample BIA Brief, Withholding of Removal (DHS appeal). )LtxZ rT*Nz`WSAP'NOT8yS
19H!TVYU2@4,`&e0=C%a\ANKA>:o"S}yhp4m|(t.J1#`.P%Igh>1li!KOD%\fT)\OF#[thCc4}y5;~p`^ZRL]Mlak6~lL56t A
VT9v_iV4Ti>cw0&s;7Fgyg} WebAsylum Practice Advisory: Applying for Asylum After Matter of A-B- June 2018 Heartland Alliance for Human Needs & Human Rights | National Immigrant Justice Center 208 S. LaSalle Street, Suite 1300, Chicago, Illinois 60604 | ph: 312-660-1370 | fax: 312-660-1505 | www.immigrantjustice.org Asylum Practice Advisory: Applying for Asylum After 2017) counsel Orrick Herrington & Sutcliffe, amicus counsel Stanford Immigrants Rights Clinic, modified categorical approach, burden of proof, divisible statute, Almanza-Arenas, relief eligibility, cancellation of removal, Gutierrez v. Sessions, 887 F.3d 770 (6th Cir. %PDF-1.7
%
They can request one adjournment for good cause, which will give them an additional 21 days to file the brief. WebSample Asylum Brief: Particular Social Group and Political Opinion Catholic Charities Community Services This brief is for an asylum claim by a Honduran woman who faced You may also wish to download the PDF using the link located above and use your PDF software's available search functions. endstream
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Ct. Dec. 7, 2021). 22-524 in part and remand Elizaldes asylum claim to the BIA. If that appeal is not granted, the next level of appeal that may be filed is with a federal 2018; pending) motion to reconsider, Mathis, categorical approach, equitable tolling, aggravated felony, drug trafficking, TH&SC 481.120, Khalid v. Sessions (2d Cir. hVmkH+%+
Mz$ud$ie%)>-$L =R 2dDCd bZ 2018; pending) counsel David Debold (of Gibson Dunn), motion to reconsider, categorical approach, aggravated felony, controlled substance offense, equitable tolling, Harbin, NYPL 220.31, Matthews v. Sessions (2d Cir. dKvbZ
4 0
Suite 610 Washington, DC 20036 Telephone: (202) 328-1353 Facsimile: counsel Richard Mark (of Gibson Dunn), petit larceny, adjudicative retroactivity, 155.25, CIMT, Surveillance, Tech & Immigration Policing, Brief of IDP and Harvard Crimmigration Clinic in Support of Petitioner, Brief of Kathryn O. Greenberg Immigration Justice Clinic in Support of Petitioner, Brief of IDP et al in Support of Petitioner, IJ Maria Lurye decision, New York Immigration Court, dated Oct. 15, 2018, IJ Terry A. Bain decision, New York Immigration Court, dated June 26, 2018, Unpublished decisionof the Board of Immigration Appeals, dated Sept. 9, 2019, Amicus Brief filed with USCIS in Support of Petition for U-Nonimmigrant Status, Amicus Brief filed with BIA in Support of Eligibility for 212(c) Relief, Supplemental Brief in Support of Statutory Motion to Reconsider and Terminate or Remand (in Light of, Statutory Motion to Reconsider and Terminate in Light of, Statutory Motion to Reconsider and Terminate in Light of. hTmo0+q@N But you can continue to fight your case and appeal to the Board of Immigration Appeals (BIA) within 30 days of the decision! WebAsylum and Pro Bono Project Supervisor at (312) 660-1307 or . Webissue to the Board of Immigration Appeals (Board or BIA). :F6,+LF*s!Lc~|=eri/VW215mm1ab/nt}|M_ T N slX=`YW2'p%6y@n;;d. 2018; pending) Child Citizenship Act, derivative citizenship, physical custody, forced separation, rule of lenity, doctrine of constitutional avoidance, fundamental rights, Obeya v. Sessions, 884 F.3d 442 (2d Cir. @ Z5{
WebEnding Immigration Detention; COVID-19 Advocacy; Due Process; Pregnant Women in Detention; Access to Medical and Mental Health Care; Prolonged Detention; Access to Once the attorney has received this, they have 21 days to submit a written brief. 2018; pending) counsel David Zimmer (of Goodwin Proctor), Soram, Velasquez-Herrera, Mendoza-Osorio, categorical approach, realistic probability, endangering the welfare of a child, child abuse, NYPL 260.10(1), Esquivel-Quintana, Lucio-Rayos v. Sessions, 875 F.3d 573 (10th Cir. 2018) conviction finality, Ozkok, Puello, Chevron, rule of lenity, Lorillard, Amicus briefs filed with BIA re. [Pl@ MW $@N/iNw `kP6//``*/h`` A `3Ar``l2D;dT;Lb2A0ac` A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. 1003.1(b)(3) as an appeal from the decision of an Immigration Judge (IJ) in a removal proceeding conducted in Miami, Florida. Immigration Justice Campaign is an initiative of American Immigration Council, American Immigration Lawyers Association, and American Immigration Representation Project. Immigration: BIA: 10 min: 21-50304: A Time / Side value of "Subm." A Motion to Reopen may be filed with an immigration judge or with the Board of Immigration Appeals. x\[oGv~_z7{'OlD7"`}jH,wnU{`sSK"mQio~O.|spYJtl$\\a^."isuEG`L:`*]gQUrBJK2][I^ An official website of the United States government. s5IKD@hBVQ$T]bXU& Immigration Appealss (BIA) dismissal of his appeal of an immigration judges (IJ) denial of his application for asylum and withholding of removal. indicates the case will be submitted on the briefs, "Def." WebRESPONDENTS BRIEF This appeal should be reviewed by a three-member panel under 8 C.F.R.
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