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BIA Amicus Brief Invitation: Notice to Appear (Due Aug. 31, 2023)

August 01, 2023 (1 min read)

EOIR, Aug. 1, 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?"