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BIA remands for further consideration of eligibility for voluntary departure after deficient NTA

BIA Appeals

BIA Rules that Defective Notices to Immigration Court

The BIA remanded for evaluation of whether the defendant
In Matter of M-F-O- is statutorily eligible for voluntary departure
After finding that a deficient NTA does not preclude the defendant from establishing the requisite period of constant physical presence.
Individuals who believe a decision by an immigration judge
denying asylum or other relief,
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.



The Board of Immigration Appeals
The Board of Immigration Appeals

Appeal to a Federal Circuit Court decision.
To have a decision by the BIA plead 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.

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