Please create a free account to view this resource. WebCite as 27 I&N Dec. 767 (BIA 2020) Interim Decision #3976 767 Matter of E-R-A-L-, Respondent Decided February 10, 2020 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) An aliens status as a landowner does not automatically render that alien a member of Information on writing BIA appeals is beyond the scope of this manual, but two excellent resources are the BIA Practice Manual, which is put out bythe BIA itself, and the American Immigration Law Foundationspractice advisory on BIA practice. WebBRIEF OF RESPONDENT Jason A. Dzubow, Esquire Dzubow & Pilcher, PLLC 1900 L Street, N.W. Mr. G- responds with his brief on appeal. iXJ{+ kIax&. Copyright 2023 American Immigration Lawyers Association & American Immigration Council. G{xxTj&+LsuCwCf]Yl3\|4k[eXx*` n6!:|. WebTo appeal before the Board of Immigration Appeals (BIA), the applicant must file a Notice of Appeal and required fee ($110 as of this writing, see s5IKD@hBVQ$T]bXU& petitions for review of a decision of the Board of Immigration Appeals (BIA) _____ * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. 4 0 obj Copyright 2023 American Immigration Lawyers Association & American Immigration Council. If the attorney does intend to represent the applicant on the BIA appeal, they must submit a new Notice of Appearance form (Form EOIR-27, seehttp://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir27.pdf). WebAnnotated Sample Notice of Appeal to the BIA Immigration Justice Campaign The first step in appealing an immigration judge's decision to the Board of Immigration Appeals %%EOF WebThe applicant has appealed from that decision. WebAn appeal of an immigration decision may be filed with the Board of Immigration Appeals. In 2014, the Board of Immigration Appeals (BIA), the highest administrative body responsible for interpreting and applying federal immigration laws, held that a particular social group must have three characteristics. WebAmici curiae are thirty-five former immigration judges and members of the Board of Immigration Ap-peals (BIA or Board).2 Amici curiae have dedicated their careers to the immigration court system and to upholding the immi-gration laws of the United States. (filed with BIA, July 2018) motion to reconsider, equitable tolling, (filed with the Houston Immigration Court, July 2018) counsel Ronaldo Rauseo-Ricupero (of Nixon Peabody), motion to reconsider, aggravated felony, equitable tolling, categorical approach, crime of violence, (filed with BIA March 2018) motion to reconsider, petit larceny, 155.25, CIMT, retroactivity, equitable tolling, (filed with BIA July 2017) motion to reconsider, aggravated felony, controlled substance offense, equitable tolling, NYPL 220.31. Ct. Dec. 1, 2021). ansears@heartlandalliance.org. Chapter 1 - The Board of Immigration Appeals Chapter 2 - Appearances Before the Board Chapter 3 - Filing with the Board Chapter 4 - Appeals of Immigration This page contains sample briefs on a range of issues. 0 Matter of B-Z-R-, AXXX-XXX-675, On Certification to Attorney General Merrick Garland (filed with BIA 2022; pending): Siriboe v. Garland, 21-6323 (filed with 2d Cir. NOTE that as of February 20, 2020, pre-hearing briefs in Immigration Court are limited to 25 pages. &EDz%dI||&cI}g>dz=cUydTTdUUp1Lr[l4LZ||nbEW[E|Btyozo Substantial evidence supports the agencys adverse credibility determination. In it, he argues that the IJ was correct with the finding that Mr. G-s Georgia conviction for making threats does not constitute an aggravated felony. CLINIC Senior Attorney Victoria Neilson and Central American Legal Assistance (CALA) Senior Staff Attorney Heather Axford drafted this sample brief that Immigration: BIA: Subm. Calls from people outside of detention will not be accepted. attorney has accepted an asylum case for representation, NIJC will send a copy of the clients file and contact information to the attorney. 1331 G St. NW, Suite 200 @ Z5{ WebIf the system says that the immigration judge ordered removal, and you already had your individual hearing, that most likely means the judge made a negative decision on your asylum case. It did not appeal the IJs favorable exercise of discretion in the alternative. "%8ot,}sT@AF( endstream endobj 352 0 obj <>/Metadata 37 0 R/Pages 349 0 R/StructTreeRoot 56 0 R/Type/Catalog/ViewerPreferences 366 0 R>> endobj 353 0 obj <>/MediaBox[0 0 612 792]/Parent 349 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 354 0 obj <>stream Merrick Garland - A citizen of Guatemala petitions for review of the Board of Immigration Appeals' denial of a motion to reopen removal proceedings based on changed country conditions. hTmo0+q@N Immigration Justice Campaign is an initiative of American Immigration Council, American Immigration Lawyers Association, and American Immigration Representation Project. WebThe Board of Immigration Appeals (BIA or the Board) is the appellate administrative body for immigration cases. Immigration Justice Campaign is an initiative of American Immigration Council, American Immigration Lawyers Association, and American Immigration Representation Project. Immigration: BIA: Subm. :F6,+LF*s!Lc~|=eri/VW215mm1ab/nt}|M_ T N slX=`YW2'p%6y@n;;d. Each of these is discussed briefly below. qFA `adXD%IUOWtCrht\%4iY7s,c)FcJLDrh )Gz2^tqK~yq$v =/ Rph.D1#tEgcr3Iy!x\>. A .gov website belongs to an official government organization in the United States. 2017) counsel Orrick Herrington & Sutcliffe, amicus counsel Stanford Immigrants Rights Clinic, modified categorical approach, burden of proof, divisible statute, Almanza-Arenas, relief eligibility, cancellation of removal, Gutierrez v. Sessions, 887 F.3d 770 (6th Cir. %PDF-1.7 % document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Immigration Justice Campaign Immigration Judge and Board of Immigration Appeals decisions concerning overbreadth in New York statutory definition of narcotic. If that appeal is not granted, the next level of appeal that may be filed is with a federal circuit court of appeals. As part of the preparation for your clients hearing, you may draft a pre-hearing brief. Preferably identify and follow your theory of the case beginning at the IJ level (or earlier). endstream endobj startxref 1003.1(b)(3) as an appeal from the decision of an Immigration Judge (IJ) in a removal proceeding conducted in Miami, Florida. Immigration Appealss (BIA) dismissal of his appeal of an immigration judges (IJ) denial of his application for asylum and withholding of removal. 2018; pending en banc) counsel Orrick Herrington & Sutcliffe, amicus counsel Stanford Immigrants Rights Clinic, modified categorical approach, burden of proof, divisible statute, Almanza-Arenas, relief eligibility, cancellation of removal, conspiracy, expungement, CPC 182(a)(1), Cruz Tellez v. Sessions (5th Cir. y-7j75MbbXe^y]Q)j@(<0@x3&\|AJZu~jOyW`F%WO)D!RUsC"D"?iCl=3Ybmp`MP$%{rMa?gz8`2x5<37"Bb'XK@g_y9#!oa .lDVm[w2J"l Q0zCGEZQ)65i}lH'SjDsFL$?G(2Ffk SSbQ;@?IFY0?_e@oo& g4Z8f]K8DQnQ}O4wswyF%6tG5x,vE2n\,jAbNJV$Lulr%C*}O!lEV,"Lj'@H counsel Richard Mark (of Gibson Dunn), petit larceny, adjudicative retroactivity, 155.25, CIMT, Surveillance, Tech & Immigration Policing, Brief of IDP and Harvard Crimmigration Clinic in Support of Petitioner, Brief of Kathryn O. Greenberg Immigration Justice Clinic in Support of Petitioner, Brief of IDP et al in Support of Petitioner, IJ Maria Lurye decision, New York Immigration Court, dated Oct. 15, 2018, IJ Terry A. Bain decision, New York Immigration Court, dated June 26, 2018, Unpublished decisionof the Board of Immigration Appeals, dated Sept. 9, 2019, Amicus Brief filed with USCIS in Support of Petition for U-Nonimmigrant Status, Amicus Brief filed with BIA in Support of Eligibility for 212(c) Relief, Supplemental Brief in Support of Statutory Motion to Reconsider and Terminate or Remand (in Light of, Statutory Motion to Reconsider and Terminate in Light of, Statutory Motion to Reconsider and Terminate in Light of. 2017) (per curiam). 22-524 in part and remand Elizaldes asylum claim to the BIA. 22-15931: Burt Camenzind v. California Exposition and State Fair - An appeal from the district court's summary judgment in favor of defendants in an action alleging that plaintiff's free speech rights were violated when he was ejected from California's state fairgrounds and threatened with arrest for leafleting. Share sensitive information only on official, secure websites. signNow makes signing easier and more convenient since it offers users a number of additional features like Add Fields, cdXa'PHAILPb`|H3=8Wu&^M! To learn more, please go to scam.immigrationcouncil.org. 22-15377 22-15658: Elena Nacarino v. Kashi Company - Appeals of the dismissal, based on preemption, of plaintiffs' state law claims in their diversity putative consumer class action alleging Kashi Company and Kellogg Company made false or misleading statements on its packaging about the amount of protein in its food products. 22-524 in part and remand Elizaldes asylum claim to the BIA. hb``` eap ki`fp`SX,`W2KZ,3Y}9Xdyqria[e>K#7S)3y42Dbkt[]9s+g=s=+v^|B A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Washington, D.C., 20005. he T IJs common-sense conclusion was reasonable, so it supports the adverse credibility determination. WebAdd the Bia appeal brief sample for editing. in Support of Petitioner, Appendix to Amicus Brief of IDP et al. Contact campaignwebsite@immcouncil.org for additional assistance. 2018; pending) counsel David Debold (of Gibson Dunn), motion to reconsider, categorical approach, aggravated felony, controlled substance offense, equitable tolling, Harbin, NYPL 220.31, Matthews v. Sessions (2d Cir. "c jL@00RNgh` b$ United States Court of Appeals Fifth Circuit FILED April 25, 2023 This deadline is very strictly enforced. WebSample Asylum Brief: Particular Social Group and Political Opinion Catholic Charities Community Services This brief is for an asylum claim by a Honduran woman who faced 0 h, When there is an appeal pending before the BIA, it can consider 381 0 obj <>stream Facts and Procedural Background of the Case Mr. XXXXXXX was born in Sudan on January 1, 1980. >2%zj[Z1L h*j: ! Decision of Immigration Judge Douglas Schoppert, A-XXX-XXX-XXX (N.Y. Imm. All you have to do is download it or send it via email. 21-50094: USA Click the New Document option above, then drag and drop the document to the upload area, Board of Immigration Appeals Style Manual A Guide to Drafting Board Decisions The guidance contained in this manual is updated periodically. Appeals of decisions on an I-130, Petition for Alien Relative, or other decisions that are appealed to the BIA, are filed on Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer with the office that made the decision on the petition. This handbook is intended for use by pro bono attorneys and immigration attorneys working on LGBTQ/HIV asylum cases. WebBIA appeal process and beyond to the circuit court. There is no mandatory page limit for appeal briefs, but in the spirit of encouragement, BIA recommends that practitioners limit appeal briefs to 25 pages. 76 0 obj <>stream e:jO~Sje^ This appeal is not appropriate for summary affirmance because it &Kib}S|V7Xs`UeoUF0H{MWIQ Each is intimately familiar with the functioning of immigration courts The Notice of Appeal (EOIR-26, seehttp://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir26.pdf) is a relatively straightforward form, but the grounds of appeal must be stated sufficiently to avoid summary dismissal. The American Immigration Council warns non-citizens to guard against spoofing phone calls from ill-intended individuals seeking to create panic among our immigrant community. Amicus briefs filed with BIA challenging changes to modified categorical approach in light of Pereida v. Wilkinson (filed BIA 2021;pending) Pereida, modified categorical approach: Amicus Brief filed with BIA challengingMatter of Pickering and advocating for fuller recognition of post-conviction relief (filed with BIA 2021;pending) Pickering, post-conviction relief, statutory interpretation, federalism canon, Immigration Judge and Board of Immigration Appeals decisions concerning overbreadth in New York firearms cases NYPL Article 265, realistic probability, antique firearms, Amicus Brief filed with USCIS in Support of Petition for U-Nonimmigrant Status U-visa, arrest records, discretionary denial, Amicus Brief filed with BIA in Support of Eligibility for 212(c) Relief (filed with BIA 2018; pending) 212(c), twin pillars, CIMT, Judulang, Supplemental Brief in Support of Statutory Motion to Reconsider and Terminate or Remand (in Light of Pereira v. Sessions) (filed with BIA, July 2018) motion to reconsider, equitable tolling, Pereira, cancellation of removal, stop-time, Statutory Motion to Reconsider and Terminate in Light of Sessions v. Dimaya (and Pereira v. Sessions) (filed with the Houston Immigration Court, July 2018) counsel Ronaldo Rauseo-Ricupero (of Nixon Peabody), motion to reconsider, aggravated felony, equitable tolling, categorical approach, crime of violence, Statutory Motion to Reconsider and Terminate in Light of Obeya v. Sessions (filed with BIA March 2018) motion to reconsider, petit larceny, 155.25, CIMT, retroactivity, equitable tolling, Statutory Motion to Reconsider and Terminate in Light of Harbin v. Sessions (filed with BIA July 2017) motion to reconsider, aggravated felony, controlled substance offense, equitable tolling, NYPL 220.31, Mohamed v. Sessions, 727 F. Appx 32 (2d Cir. Webissue to the Board of Immigration Appeals (Board or BIA). On XXXXX the IJ issued a decision in Respondents case Ct. Aug. 13, 2020), , post-conviction relief, NYPL 440.10(1)(h), arbitrary and capricious. %%EOF RESPONDENT-APPELLANTS BRIEF ON APPEAL COMES NOW Respondent (Respondent or Appellant), through undersigned counsel, and pursuant indicates submission deferred. While it is possible to request oral argument, the BIA almost never grants it. WebThe Practice Manual is clear about the BIAs expectations of appeal briefs. ,bP To learn more, please go to scam.immigrationcouncil.org. [2:19-cv-00632-MCE-AC] Civil: E. WebHowever, note that Notices of Appeals, briefs, and other filings may not be filed by e-registry. Several (generally 618) months after the Notice of Appeal has been filed, the attorney of record, or respondent if there is no attorney of record, will receive the transcript and record on appeal. The information contained herein is for reference only and may not be up to date. A certificate of service must also be included with your Notice of Appeal, stating that service of the Notice was made on the Office of the Chief Counsel. stream endstream endobj 689 0 obj <>/OCGs[702 0 R]>>/Outlines 231 0 R/Pages 677 0 R/StructTreeRoot 295 0 R/Type/Catalog>> endobj 690 0 obj <>/MediaBox[0 0 612 792]/Parent 679 0 R/Resources<>/Font<>/ProcSet[/PDF/Text]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 691 0 obj <>stream WebAsylum Sample BIA Brief Domestic Violence . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Immigration Justice Campaign 2018) counsel Richard Mark (of Gibson Dunn), petit larceny, adjudicative retroactivity, 155.25, CIMT, Diaz-Lizarraga, Lugo, Second Circuit, Amicus Brief of IDP et al. If you'd like to submit a volunteer application, please go here. The BIA and IJ were permitted to afford substantial weight to inconsistencies that bear[] directly on [Rodriguez-Ramirez]s claim of persecution. Manes v. Sessions, 875 F.3d 1261, 1264 (9th Cir. The BIA has limited fact-finding ability on appeal, which heightens the need for IJs to include in their decisions clear and complete findings of fact that are supported by the record and are in compliance with controlling law. petitions for review of a decision of the Board of Immigration Appeals (BIA) _____ * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion The amicus brief lays out how the particular social group of Honduran transgender women meets the three-prong test laid out in Matter of M-E-V-G-. [2:17-cr-00404-AB-1] Criminal: C. CA: 10 min: 21-56272: Morayon Simmons v. WebExecutive Office for Immigration Review Board of Immigration Appeals Individuals who cooperate with law enforcement may constitute a valid particular social group under the indicates submission deferred. It does not constitute legal advice. hbbd```b``A$S%Xd"gIlRHl#u? All correspondence to the BIA must include a certificate of service to the Office of the Chief Counsel. WebEnding Immigration Detention; COVID-19 Advocacy; Due Process; Pregnant Women in Detention; Access to Medical and Mental Health Care; Prolonged Detention; Access to Please note that in addition to using these samples, we recommend that you explore the practice guides, webinars, and other resources found throughout our training pages. Immigration: BIA: Subm. 700 0 obj <>/Filter/FlateDecode/ID[<91D7EFE01AA3804A9E503F6C154A56C3><7BCBF06FBC89794D96920C18D5820C77>]/Index[688 29]/Info 687 0 R/Length 72/Prev 464971/Root 689 0 R/Size 717/Type/XRef/W[1 3 1]>>stream You should always consult an attorney regarding your matter. Official websites use .gov 2022; pending): Farhane v. U.S., 20-1666 (filed with 2d Cir. Please create a free account to view this resource. Chapter 1 - The Board of Immigration Appeals, Chapter 4 - Appeals of Immigration Judge Decisions, Chapter 1 - The Board of Immigration Appeals . All rights reserved. hbbd``b`@ ` i@#i,#1 WebAfter that, your BIA appEval brief asylum samples is ready. 21-50094: USA v. A Time / Side value of "Subm." 2021; pending): Brief of IDP et al in Support of Petitioner Padilla, denaturalization, Juarez v. Garland, 21-70888 (filed with 9th Cir. 2018) counsel Orrick Herrington & Sutcliffe, amicus counsel Stanford Immigrants Rights Clinic, modified categorical approach, burden of proof, divisible statute, Almanza-Arenas, relief eligibility, cancellation of removal, Marinelarena v. Sessions (9th Cir. would grant the petition in Case No. You cannot be deported Ag-s~gwygm`!Ubb'Q,noG+gef0O\^VOE 6qV;AZ|o?xWMeUlcUBek|3-wes1O] Washington, D.C., 20005. The appeal will be dismissed. All rights reserved |, If you already have an account with us, please, If you'd like to submit a volunteer application, please. counsel David Debold (of Gibson Dunn), motion to reconsider, categorical approach, aggravated felony, controlled substance offense, equitable tolling, Motion to Reconsider and Terminate (filed with the BIA, July 2017). At the time the Notice of Appeal must be submitted, there will generally be written opinion by the IJ which makes it very difficult for a new attorney on the case to file the form. 716 0 obj <>stream WebTo appeal before the Board of Immigration Appeals (BIA), the applicant must file a Notice of Appeal and required fee ($110 as of this writing, see www.usdoj.gov/eoir/appealtypes.htm for updates) with the BIA so that is received within 30 days of the Immigration Judges (IJs) decision. FACTUAL AND PROCEDURAL HISTORY The applicant is a native and citizen of El Salvador. On November 1, 2005, he entered the United States without being admitted or paroled and was apprehended and placed in removal proceedings. United States Court of Appeals Fifth Circuit FILED April 25, 2023 1%+@1(> would grant the petition in Case No. It is well-established that where the BIA has not made a )LtxZ rT*Nz`WSAP'NOT8yS 19H!TVYU2@4,`&e0=C%a\ANKA>:o"S}yhp4m|(t.J1#`.P%Igh>1li!KOD%\fT)\OF#[thCc4}y5;~p`^ZRL]Mlak6~lL56t A VT9v_iV4Ti>cw0&s;7Fgyg} WebMerrick Garland - A citizen of Mexico petitions for review of the Board of Immigration Appeals' denial of asylum and related relief. The Mercer Law School Immigration Appeals Clinic filed an amicus brief on CLINICs behalf on March 11, 2020. They can request one adjournment for good cause, which will give them an additional 21 days to file the brief.

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