Matter of J-L-L-, 28 I&N Dec. 684 (BIA 2023)

Matter of J-L-L-, 28 I&N Dec. 684 (BIA 2023) - Pereira v. Sessions, 138 S. Ct. 2105 (2018), and Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021), are inapplicable to proceedings initiated by a Notice to Applicant for Admission Detained for Hearing Before Immigration Judge (“Form I-122”) and other charging documents issued prior to the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Division C of Pub. L. No. 104-208, 110 Stat. 3009- 546. Matter of Arambula-Bravo, 28 I&N Dec. 388 (BIA 2021), followed. 

"A Form I-122 is similarly distinguishable from a notice to appear. While the pre-IIRIRA statutes governing exclusion proceedings lacked the express “or otherwise” authorization of former section 242B(a)(2)(A) of the INA, 8 U.S.C. § 1252b(a)(2)(A) (1994), more importantly those statutes lacked the affirmative time-and-place language of today’s section 239(a) of the INA, 8 U.S.C. § 1229(a). Pereira and Niz-Chavez held that that time-and-place information must be included in the notice to appear for it to trigger the stoptime rule. Accordingly, we hold that Pereira and Niz-Chavez are inapplicable to proceedings initiated by a Form I-122 and other pre-IIRIRA charging documents."