Pre-IIRIRA exclusion cases not subject to Niz-Chavez
Admission Detained for NTA. The BIA held that Pereira v. Sessions and Niz-Chavez v. Garland are inapplicable to proceedings initiated by Form I-122, Admission Detained for NTA for Hearing Before Immigration Judge, and other charging documents issued prior to the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA). This matter was last before the Board on September 13, 2004, when we dismissed the applicant’s appeal from the Immigration Judge’s decision ordering him removed. On October 7, 2021, the applicant filed a motion to reopen. The Department of Homeland Security has opposed the motion. The
motion will be denied.