Delay Defense Is A No-Go In Removal Proceedings, BIA Says

Law360 (July 21, 2021, 10:29 PM EDT) -- The Board of Immigration Appeals dismissed a Rwandan man's appeal for asylum on Wednesday, determining that he made material misrepresentations about his identity, rendering him removable, while also finding that immigration courts cannot adjudicate defenses based on laches.

The Rwandan man, who is not directly named in the decision, argued that the removal proceedings he faced were untimely since more than two decades passed between the start of the government's investigation and the beginning of his removal proceedings.

But the BIA rejected the man's argument and found that immigration courts lack the authority to recognize laches, or prejudicial delays in starting...

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