Matter of MENDOZA-HERNANDEZ and Matter of CAPULA-CORTES, 27 I&N Dec. 520 (BIA 2019)

  • Organization: Board of Immigration Appeals
  • Document Type: Case law/admin decisions
  • Date Created: Wednesday, May 01, 2019
  • Attachment(s): PDF

BIA en banc decision, post Pereira and Bermudez-Cota. Although the notices to appear served on the respondents on October 11, 2010, did not trigger the “stop-time” rule under Pereira, 138 S. Ct. at 2110, we hold that their continuous physical presence ended on December 8, 2010, when the Immigration Court sent them notices of hearing that specified the time and place of their initial removal hearing.

Topics:
  • Other Deportation/Removal
  • Cancellation
  • Other Immigration