BIA Rules that Defective Notices to Immigration Court
The BIA remanded for evaluation of whether the respondent in Matter of M-F-O- is statutorily eligible for voluntary departure after finding that a deficient NTA does not preclude the respondent from establishing the requisite period of continuous physical presence.
Individuals who believe a decision by an immigration judge denying asylum or other relief or ordering ,The individual will need to show
the immigration judge made mistakes about the law or the facts of the claim and that they were of such a
serious degree that they led to the wrong conclusion. There are two key requirements to be able to file an appeal to the BIA. First, if the judge issues the decision received by the The Board of Immigration Appeals within 30 days of the date on the decision by the immigration judge. Sometime
after the BIA receives the Notice of Appeal it will notify the applicant of the due date to submit a written
presentation or “brief” discussing the reasons for the appeal BIA.
Appeal to a Federal Circuit Court decision. To have a decision by the BIA appealed to the federal court, the individual must file a petition decision. An appeal to the The Board of Immigration Appeals, an appeal to a federal circuit court will not automatically stop an applicant
Petition for Review need to request a stay of removal if granted by the court, prevents deportation
the federal circuit court.