On August 1, 2023, the Board of Immigration Appeals (BIA or Board) published an Amicus Invitation (Notice to Appear), welcoming interested members of the public to file amicus curiae briefs discussing several issues related to Matter of Fernandes, 28 I&N Dec. 605 (BIA 2022):
1. Should an Immigration Judge allow DHS to remedy a non-compliant Notice to Appear (NTA)?
2. To remedy a non-compliant NTA, is either 1) issuing an I-261, or 2) amending the NTA, permitted by the regulations, and would either comport with the single document requirement emphasized by the U.S. Supreme Court in Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021)? If not, how can a non-compliant NTA be remedied?
Briefs are due by August 31, 2023.