Cases & Decisions, Amicus Briefs/Alerts
AILA Urges the Second Circuit to Follow Other Circuits in Rejecting Matter of Mendoza-Hernandez
AILA submitted an amicus brief in Guasco v. Barr, arguing that the Second Circuit should follow the Seventh, Ninth, and Eleventh Circuits in rejecting the BIA’s decision in Matter of Mendoza-Hernandez. The BIA’s conclusion that the two-step notice process triggers the stop-time rule conflicts with the statute’s unambiguous text, and unreasonably departs from the agency’s consistent recognition that “a ‘notice to appear’” is a single document, of which a subsequent hearing notice is not a constituent part.
Cite as AILA Doc. No. 19122039.