by Matthew Hoppock | Jul 16, 2018 | BIA Best Practices, FOIA |
I received a final response on my FOIA request for any memoranda or guidance directed to BIA members. I was surprised by how much we received. Here they are: BIA Style Manual_redline_Redacted (242 pgs) 15-05 Handling Cases Involving Certain Applications for...
by Matthew Hoppock | Sep 15, 2016 | Immigration, Immigration ArticlesBIA Appeals |
The BIA doesn’t issue that many published decisions, but this week it issued four. They’re all important and worth a read. 1. Matter of Ibarra, 26 I&N Dec. 809 (BIA 2016) ID 3872 (PDF) In this decision, written by Board member Roger Pauley (who seems...
by Matthew Hoppock | Aug 24, 2015 | Asylum, Immigration, Immigration ArticlesBIA Appeals |
Last week the BIA issued a new decision outlining the interaction between the immigration statute’s requirement that an applicant file within one year of their entry and the issue of applicant credibility. Asylum applications must be filed within one year of a...
by Matthew Hoppock | Aug 6, 2015 | Immigration, Immigration ArticlesBIA Appeals, Visa Waiver |
Yesterday, the BIA issued a new precedent decision in Matter of D-M-C-P-, addressing two unrelated questions: (1) when an IJ can deem an asylum application “abandoned” for failure to get biometrics timely processed; and (2) whether the BIA or IJ have...
by Matthew Hoppock | Jul 20, 2015 | Immigration, Immigration ArticlesBIA Appeals |
It is amazing that something as simple as the BIA’s zip code could cause so much hassle and confusion. Last winter when the BIA changed its zip code, it caused many to fret about whether their packages would be delivered on time. This was because the new zip...
by Matthew Hoppock | Oct 7, 2013 | BIA Best Practices, Immigration, Immigration ArticlesBIA Appeals |
Writing a BIA brief for an immigration appeal and don’t know where to start? One helpful resource is the BIA’s “precedent table,” which is updated fairly regularly and organized by topic. It is not error-free, and it is no substitute for real...
by Matthew Hoppock | Sep 16, 2013 | Immigration, Uncategorized |
The Board’s deadlines are strict: a Notice of Appeal (EOIR-26) must be received within 30 days of the immigration judge’s decision, and briefs must be received by the date ordered by the briefing schedule. While the Board might excuse a late brief if a...
by Matthew Hoppock | Sep 11, 2013 | Immigration, Uncategorized |
Starting October 1, 2013, the BIA’s zip code will change. All mail addressed to the Executive Office for Immigration Review’s (EOIR) Headquarters in Falls Church, VA, will be processed through a different mail processing facility. The street address of...
by Matthew Hoppock | Aug 29, 2013 | BIA Best Practices, Immigration, Immigration ArticlesBIA Appeals |
So your BIA Brief is submitted. Now what? You could just wait for an answer from the Board, but is that all? No. One way to make sure the Board has a complete record when it finally makes a decision is to continue to monitor the law and the facts of your case and to...
by Matthew Hoppock | Aug 19, 2013 | Immigration, Removal Defense |
In a new decision the BIA has clarified that convictions under 18 U.S.C. § 1001(a)(2), for making “any materially false, fictitious, or fraudulent statement or representation” is a Crime Involving Moral Turpitude (CIMT). Matter of Pinzon, 26 I&N Dec....
by Matthew Hoppock | Nov 29, 2012 | Immigration, Uncategorized |
Every appeal is different and each appeal may take more or less time due to a number of unique factors. But the Board’s recent statistics give us a pretty good picture. In its 2012 report, the Office of Inspector General Report said that...
by Matthew Hoppock | Mar 21, 2011 | BIA Best Practices, Immigration, Immigration ArticlesBIA Appeals |
When we think about appeals, we often think about the decisions – winning and losing. But everything hinges on getting the thing filed correctly, and on time. While getting an appeal on file with the BIA is a somewhat basic first step, the technical issues that...
by Matthew Hoppock | Mar 16, 2011 | BIA Best Practices, Immigration, Immigration ArticlesBIA Appeals |
One of the most common “best practices” questions about BIA appeals is whether the BIA wants a specific color of paper for its forms. Is Colored Paper Required? Although the answer is “no,” this isn’t a silly question. The BIA’s...
by Matthew Hoppock | Mar 14, 2011 | Immigration, Immigration ArticlesBIA Appeals |
[Update September 7, 2015] Back in March, 2011, I wrote this post to express frustration that the BIA had done such a poor job keeping its practice manual updated while requiring those practicing before the Board to comply with it. Examples included its suggestion to...
