Matter of GARCIA, 28 I&N Dec. 693 (BIA 2023)

Matter of GARCIA, 28 I&N Dec. 693 (BIA 2023)

Headnote: For choice of law purposes, the controlling circuit law in Immigration Court proceedings is the law governing the geographic location of the Immigration Court where venue lies, namely where jurisdiction vests and proceedings commence upon the filing of a charging document, and will only change if an Immigration Judge subsequently grants a change of venue to another Immigration Court. Matter of R-C-R-, 28 I&N Dec. 74 (BIA 2020), clarified.

Conclusion: "The circuit law that applies in Immigration Court proceedings is the law governing the geographic location of the Immigration Court where jurisdiction vests and proceedings commence. This circuit law controls regardless of where the parties and the Immigration Judge are physically located and may only change where an Immigration Judge grants a motion to change venue. As the respondent’s charging document was filed with, and directed the respondent to appear at, the Immigration Court in Philadelphia, Pennsylvania, and venue was subsequently changed through the granting of a motion to change venue to an Immigration Court in York, Pennsylvania, Third Circuit law applies to the instant proceedings. The respondent has not established his eligibility for cancellation of removal, and his appeal will be dismissed. Accordingly, the following order will be entered. ORDER: The appeal is dismissed."