BIA Says Unchecked Box Can't End Immigration Proceedings

Law360 (May 8, 2020, 5:18 PM EDT) -- The Board of Immigration Appeals issued a precedential decision on Friday that an officer's failure to specify an individual's "alien classification" on a notice to appear doesn't strip an immigration judge of jurisdiction over the removal proceedings.

Honduran national Jonathan Said Herrera-Vasquez was handed a notice to appear that was missing information indicating how and when he entered the U.S., but the oversight doesn't render the entire charging document invalid, the board ruled.

An immigration judge previously called off Herrera-Vasquez's removal proceedings, concerned that without the designation, the notice didn't properly communicate to Herrera-Vasquez the evidence he would need to mount...

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