BIA Finds Immigration Judge Must Take Pleadings When Respondents Appear but DHS Does Not

The Board of Immigration Appeals has determined that when respondents appear at an initial master calendar hearing, but DHS does not, the Immigration Judge errs by terminating proceedings without first taking the respondents’ pleadings to the Notices to Appear. The regulations require the Immigration Judge to ask the respondents to admit or deny the factual allegations and charges. If the respondents deny the charges, or if issues of law or fact remain, the Immigration Judge must request the assignment of DHS counsel and receive evidence on the unresolved issues.

The full text of Matter of Arana Castillo can be found here: https://www.justice.gov/eoir/media/1437856/dl?inline

BIA Affirms IJ Termination where DHS Failed to Prove Alienage

The Board of Immigration Appeals has determined that where neither the respondent nor the Department of Homeland Security (DHS) appears at the hearing and DHS does not present evidence of removability in advance of the hearing, the Immigration Judge does not err in terminating proceedings without prejudice.

The full text of Matter of Tepec-Garcia can be found here: https://www.justice.gov/eoir/media/1421526/dl?inline

First Circuit Applies "Clear, Unequivocal, and Convincing" Standard to Alienage

The First Circuit has determined that Homeland Security must prove alienage by "clear, unequivocal, and convincing” evidence, and that this standard is higher than “clear and convincing” evidence.

The full text of Rosa v. Bondi can be found here:

https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/24-1240P-01A.pdf

An amended decision can be found here:

https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/24-1240P2-01A.pdf