Category: BIA
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The Sixth Circuit’s Post‑Loper Bright Approach to INA § 1229b(b)(1)(D) in Perez‑Perez v. Bondi
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…
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If the Board’s Email Goes to Your Spam …
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…
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THE BIA SAYS THAT A NOTICE GOING TO THE SPAM FOLDER DOES NOT EXCUSE FAILURE TO COMPLY
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…
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