BIA Solicits Amicus Briefs on the Sufficiency of Notices to Appear

The BIA welcomes amicus curiae briefs discussing the below issue:

1. Is a Notice to Appear (Form I-862) sufficient notice of the type of proceedings being initiated, when it does not indicate whether a respondent in removal proceedings is alleged to be an (1) an arriving alien, (2) an alien present in the United States who has not been admitted or paroled, or (3) an alien who has been admitted to the United States, but is removable for reasons stated elsewhere on the NTA?
2. Is a Notice to Appear (Form I-862) sufficient for purpose of establishing removability, when it does not indicate whether a respondent in removal proceedings is alleged to be an (1) an arriving alien, (2) an alien present in the United States who has not been admitted or paroled, or (3) an alien who has been admitted to the United States, but is removable for reasons stated elsewhere on the NTA?
3. With respect to an alien who is not alleged to be an arriving alien in a Notice to Appear (Form I-862) and who entered the United States, and who is not alleged to have entered the United States via a port of entry or by interdiction, may the Department of Homeland Security, under the provisions of section 235(b)(2)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1225(b)(2)(C), apprehend and return him or her to a contiguous territory pending removal proceedings under section 240 of the Act, 8 U.S.C. § 1229a?

Briefs are due March 23, 2020.

Related Resources

• AILA and Partners Submit Amicus Brief to the BIA on the Sufficiency of Notices of Appear - March 23, 2020
• BIA Solicits Amicus Briefs on Notices to Appear (Amicus Invitation No. 20-24-02)