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In re Pena-Mejia

Interim Decision #3952 (B.I.A. 2019)
In re Pena-Mejia

17 Cited authorities

  1. Pereira v. Sessions

    138 S. Ct. 2105 (2018)   Cited 1,073 times   2 Legal Analyses
    Holding that an NTA that omitted the "time or place of the removal proceedings" failed to comply with the requirements of § 239 and was insufficient to trigger the so-called "stop-time rule" of INA § 240A(d)

  2. Gomez-Palacios v. Holder

    560 F.3d 354 (5th Cir. 2009)   Cited 307 times
    Holding alien's not receiving actual notice due to his failure to keep court apprised of his mailing address does not mean he did not receive notice

  3. Hernandez-Perez v. Whitaker

    911 F.3d 305 (6th Cir. 2018)   Cited 128 times
    Holding that "jurisdiction vests with the immigration court where, as here, the mandatory information about the time of the hearing . . . is provided in a Notice of Hearing issued after the NTA"

  4. Mauricio-Benitez v. Sessions

    908 F.3d 144 (5th Cir. 2018)   Cited 106 times
    Finding no error in BIA's determination that affidavit did not overcome the presumption of delivery

  5. Santos-Santos v. Barr

    917 F.3d 486 (6th Cir. 2019)   Cited 58 times
    Holding that Pereira did not divest courts of jurisdiction to consider removal proceedings after an NTA failed to include the relevant date and time because Pereira concerned the stop-time rule and addressed two statutory provisions that do not pertain to jurisdiction

  6. Popa v. Holder

    571 F.3d 890 (9th Cir. 2009)   Cited 76 times
    Holding that a notice of deportation hearing sent by regular mail to the last address provided by an individual satisfies the requirements of due process

  7. Fuentes-Pena v. Barr

    917 F.3d 827 (5th Cir. 2019)   Cited 33 times
    Discussing the regulatory duty to provide an address to the immigration court after the charging document is filed and holding that the provision of change of U.S. address to the Immigration and Customs Enforcement before the charging document was filed was adequate

  8. Haider v. Gonzales

    438 F.3d 902 (8th Cir. 2006)   Cited 52 times
    Holding that NTA without the date and time "was sufficient to initiate removal proceedings against [the defendant] and thereby vest the Immigration Court with jurisdiction"

  9. Leonard v. Whitaker

    No. 18-1609 (4th Cir. Dec. 31, 2018)   Cited 23 times
    Holding that Pereira does not extend to the issue of whether an NTA that failed to specify a hearing date and time was defective such that an immigration judge would lack jurisdiction

  10. Dababneh v. Gonzales

    471 F.3d 806 (7th Cir. 2006)   Cited 37 times
    Holding that the immigration judge is not deprived of jurisdiction when the "two-step" procedure is used

  11. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,422 times   8 Legal Analyses
    Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”

  12. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,208 times   24 Legal Analyses
    Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”

  13. Section 1229 - Initiation of removal proceedings

    8 U.S.C. § 1229   Cited 1,379 times   6 Legal Analyses
    Authorizing service by mail

  14. Section 1003.2 - Reopening or reconsideration before the Board of Immigration Appeals

    8 C.F.R. § 1003.2   Cited 7,818 times   7 Legal Analyses
    Granting power to Board

  15. Section 1003.14 - Jurisdiction and commencement of proceedings

    8 C.F.R. § 1003.14   Cited 489 times   1 Legal Analyses
    Recognizing that removal proceedings commence "when a charging document is filed with the Immigration court"

  16. Section 1003.15 - Contents of the order to show cause and notice to appear and notification of change of address

    8 C.F.R. § 1003.15   Cited 246 times
    Listing information that must be included in a notice to appear