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BIA Style Manual and Other Policies and Procedures

BIA Style Manual and Other Policies and Procedures

by Matthew Hoppock | Jul 16, 2018 | BIA Best Practices, FOIA | 1 comment

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...
Busy Week For The BIA

Busy Week For The BIA

by Matthew Hoppock | Sep 15, 2016 | Immigration, Immigration ArticlesBIA Appeals | 0 comments

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...
New BIA Decision Mixes Credibility and One-Year Filing Requirements

New BIA Decision Mixes Credibility and One-Year Filing Requirements

by Matthew Hoppock | Aug 24, 2015 | Asylum, Immigration, Immigration ArticlesBIA Appeals | 0 comments

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...
New BIA Decision on Biometrics / Abandonment and VWP Review – Matter of D-M-C-P-

New BIA Decision on Biometrics / Abandonment and VWP Review – Matter of D-M-C-P-

by Matthew Hoppock | Aug 6, 2015 | Immigration, Immigration ArticlesBIA Appeals, Visa Waiver | 0 comments

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...
BIA Updates Address for Appeals

BIA Updates Address for Appeals

by Matthew Hoppock | Jul 20, 2015 | Immigration, Immigration ArticlesBIA Appeals | 2 comments

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...
BIA “Precedent Table” is a Good Place to Start Research for BIA Brief

BIA “Precedent Table” is a Good Place to Start Research for BIA Brief

by Matthew Hoppock | Oct 7, 2013 | BIA Best Practices, Immigration, Immigration ArticlesBIA Appeals | 0 comments

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...

Use Same-Day Courier Services to Avoid Late Appeals and Briefs

by Matthew Hoppock | Sep 16, 2013 | Immigration, Uncategorized | 0 comments

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...

BIA Zip Code Will Become 20530 Starting October 1st

by Matthew Hoppock | Sep 11, 2013 | Immigration, Uncategorized | 0 comments

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...
What To Do After Your BIA Brief is Filed?

What To Do After Your BIA Brief is Filed?

by Matthew Hoppock | Aug 29, 2013 | BIA Best Practices, Immigration, Immigration ArticlesBIA Appeals | 0 comments

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...
Matter of Pinzon: Making a Materially False Statement is a CIMT

Matter of Pinzon: Making a Materially False Statement is a CIMT

by Matthew Hoppock | Aug 19, 2013 | Immigration, Removal Defense | 0 comments

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....

How Long Does a BIA Appeal Take?

by Matthew Hoppock | Nov 29, 2012 | Immigration, Uncategorized | 0 comments

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...
The Basics – How to File a BIA Appeal

The Basics – How to File a BIA Appeal

by Matthew Hoppock | Mar 21, 2011 | BIA Best Practices, Immigration, Immigration ArticlesBIA Appeals | 0 comments

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...
BIA Paper Color for Forms: Does it Matter?

BIA Paper Color for Forms: Does it Matter?

by Matthew Hoppock | Mar 16, 2011 | BIA Best Practices, Immigration, Immigration ArticlesBIA Appeals | 4 comments

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...
Why Not Update the BIA Pratice Manual Already?

Why Not Update the BIA Pratice Manual Already?

by Matthew Hoppock | Mar 14, 2011 | Immigration, Immigration ArticlesBIA Appeals | 0 comments

[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...

Top Posts:

  • BIA Paper Color for Forms: Does it Matter?
  • 7 Easy Ways to Violate Your Student Visa and Get Deported
  • Can I Apply for Citizenship if I Owe Back Taxes?
  • How to Expedite a Visa or Benefit Request With USCIS
  • Filing a Late BIA Appeal (or failing to file a timely appeal)
  • Pereira v. Sessions Opens Multiple New Doors to Defend Against Removal
  • When the BIA Denies An Appeal, Consider Your Options
  • Matter of Pena and Matter of Agour: Altering the Eligibility Standard for Relief From Removal After a Finding of Fraudulent Admission
  • New Form I-485 is a Huge Change From Old Form
  • Immigration Judge Lawsuit Raises Disturbing Case Management and FOIA Issues at EOIR

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Hoppock Law Firm, LLC
5949 Nieman Road
Shawnee, KS 66203

Phone: 913-267-5511
Fax: 913-562-9555
matthew@hoppocklawfirm.com