The Board of Immigration Appeals (BIA) ruled that removal proceedings can proceed despite being administratively closed for thirteen years. The decision reinforces the idea of the government reopening removal proceedings regardless of the amount of time between closing and reopening. After that point, intent to file for relief isn’t a valid reason for stopping immigrant removal proceedings.
Case Details
The respondent, a Mexican national, entered the U.S. in 2004 and charged with removal under the Immigration and Nationality Act (INA). After applying for cancellation of removal, the respondent married a lawful permanent resident in 2024. Afterwards, U.S. Citizenship and Immigration Services (USCIS) reopened removal proceedings. The respondent objected on the grounds they were actively pursuing removal relief, a sentiment an immigration judge agreed with.
Board Decision
Overturning the judge’s decision, the board made it clear intent alone wasn’t a valid reason for not restarting removal proceedings. Furthermore, the board explained the respondent had plenty of time for filing a removal waiver. In the board’s eyes, thirteen years was too long to not have applied for any kind of waiver. The ruling reinforces the importance of filing as soon as possible for petitions regarding removal or legal status. The government does take the amount of time not spent pursuing parole or legal status into account.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.