01 Aug 2023
BIA Amicus Brief Invitation: Notice to Appear (Due Aug. 31, 2023)
"The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue(s): ISSUE(S) PRESENTED: Pursuant to Matter of Fernandes, 28 I&N Dec. 605 (BIA 2022): 1. Should an Immigration Judge allow DHS to remedy a non-compliant Notice to Appear? 2. To remedy a non-compliant Notice to Appear, is either (1) issuing an I-261, or (2) amending the Notice to Appear, permitted by the regulations, and would either comport with the single document requirement emphasized by the United States Supreme Court in Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021)? If not, how can a non-compliant Notice to Appear be remedied?"