BIA Invites Amicus Briefs on the Criteria for Determining an “Arriving Alien”

The BIA invited amicus briefs, due January 4, 2021, on the following questions:

1. Is an alien who has come approximately 50 miles into the United States still an alien who is “arriving” under section 235(b)(2)(C) of the Immigration and Nationality Act, such that he or she may be returned to contiguous territory pending a proceeding under section 240 of the Act? In other words, has such an alien exceeded the temporal or geographic limit to the application of the “arriving” language in section 235(b)(2)(C) of the Act? See Matter of M D C V, 28 I&N Dec. 18 at 23 (BIA 2020).
2. Is the distinction in prior law between exclusion and deportation proceedings relevant to this issue? E.g., Matter of Z, 20 I&N Dec 707 (BIA 1993).

Related Resources

• AILA and Partners Submit Amicus Brief on the Meaning and Application of “Arriving” Language in INA §235(b)(2)(C)
• BIA Rules On DHS’s Authority to Return Individuals to a Contiguous Foreign Territory Under MPP (Matter of M-D-C-V-, 28 I&N Dec.18 (BIA 2020))