⚔️🛡ROUND TABLE FILES LATEST AMICUS ON NIZ-CHAVEZ ISSUE @ BIA!

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Here’s the full brief, drafted by our fearless leader “Sir Jeffrey” Chase:

BIA Niz-Chavez Amicus18078 Final

HERE’S A “KEY QUOTE” FROM THE CONCLUSION:

For the reasons provided above, in absentia orders involving proceedings commenced through a defective NTA are rendered invalid by Niz-Chavez. This is true whether the Board ultimately determines that the decision impacts the Immigration Courts’ jurisdiction, or is in the alternative a claim-processing rule.

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Thanks so much, “Sir Jeffrey,” my friend and colleague!

Unfortunately, the recent practice of the BIA has been to construe Supreme Court decisions favoring respondents narrowly against them in Immigration Court. Thus, the BIA has needlessly protracted litigation, produced conflicting results, and lessened justice, all while dramatically increasing backlogs. We’ll see whether that practice, apparently designed to appease and please DHS Enforcement and litigators at the DOJ, holds true here.

🇺🇸Due Process Forever!

PWS

08-11-21