BIA Hands "Whiteout" to IJs

Jeremy McKinney, AILA Think Immigration Blog, Sept. 12, 2024

"... Last week, the Board of Immigration Appeals (BIA), in Matter of R-T-P-, handed immigration judges the authority to “fix” these defective NTAs instead of requiring DHS to do their job correctly. According to the BIA’s decision, immigration judges—employees of the Department of Justice—can personally remedy a DHS violation of a mandatory claims-processing rule by filling in the missing information themselves upon a motion from the government attorney. This decision is not only an affront to basic civil procedure and due process, but it also underscores the dire need for an independent Article I immigration court. ..."