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In re Bermudez-Cota

Interim Decision #3935 (B.I.A. 2018)
In re Bermudez-Cota

14 Cited authorities

  1. Pereira v. Sessions

    138 S. Ct. 2105 (2018)   Cited 1,066 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. Chafin v. Chafin

    568 U.S. 165 (2013)   Cited 999 times   4 Legal Analyses
    Holding that federal courts cannot issue advisory opinions

  3. 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

  4. Popa v. Holder

    571 F.3d 890 (9th Cir. 2009)   Cited 75 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

  5. 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"

  6. 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

  7. Section 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 42,520 times   36 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

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

    8 U.S.C. § 1229b   Cited 5,074 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”

  9. Section 1229 - Initiation of removal proceedings

    8 U.S.C. § 1229   Cited 1,341 times   5 Legal Analyses
    Authorizing service by mail

  10. Section 1229c - Voluntary departure

    8 U.S.C. § 1229c   Cited 1,002 times
    Imposing statutory penalties for failure to depart

  11. Section 1003.14 - Jurisdiction and commencement of proceedings

    8 C.F.R. § 1003.14   Cited 482 times   1 Legal Analyses
    Recognizing that removal proceedings commence "when a charging document is filed with the Immigration court"

  12. Section 1240.26 - Voluntary departure-authority of the Executive Office for Immigration Review

    8 C.F.R. § 1240.26   Cited 316 times
    Providing noncitizen must concede removability to be eligible for voluntary departure

  13. 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 239 times
    Listing information that must be included in a notice to appear

  14. Section 1003.18 - Scheduling of cases

    8 C.F.R. § 1003.18   Cited 173 times   1 Legal Analyses
    Requiring the NTA to include time, date, and place information only "where practicable"