AILA and Partners Submit Amicus Brief on the Meaning and Application of “Arriving” Language in INA §235(b)(2)(C)

AILA and partners submitted an amicus brief in response to the BIA’s amicus invitation on the meaning and application of “arriving” language in INA §235(b)(2)(C), arguing that the BIA did not provide sufficient information pertinent to the case, and that returning noncitizens apprehended 50 miles inside the United States to Mexico for pending removal proceedings is improper because “it runs afoul of the plain language of INA §235(b)(2)(C), was not contemplated by Congress, and has no regulatory support.”

Related Resources

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