• Employers
    • Permanent Visas
      • PERM Labor Certifications
    • Temporary Visas
      • E-3 Visas
      • H-1B Employment
        • H-1B1 Visa
      • L-1 Visas
      • J-1 Visas
      • O-1 Visas
      • TN, Canadian/Mexican
  • Employees
    • Nonimmigrant Visa Applications (Consular)
    • National Interest Waivers
  • Entrepreneurs
    • E-1 & E-2 Visas
  • Compliance
    • I-9/Worksite Enforcement
  • Family & Individuals
    • Marriage
    • Deportation, Removal & Asylum
    • Hearings & Appeals
    • Naturalization
    • Students
      • STEM OPT Visas
  • About Us
    • Blog
    • Testimonials
    • Attorneys
      • Philip M. Levin, Founder
      • Don L. Pangilinan, Principal
      • Alec P. Wilczynski, Of Counsel
      • Alexandra Cotroneo, Associate

Levin and Pangilinan PC

U.S. Immigration and Nationality Law

¿Necesitas el sitio web en español?

800.974.2691
Contact Us
  • Employers
    • Permanent Visas
      • PERM Labor Certifications
    • Temporary Visas
      • E-3 Visas
      • H-1B Employment
        • H-1B1 Visa
      • L-1 Visas
      • J-1 Visas
      • O-1 Visas
      • TN, Canadian/Mexican
  • Employees
    • Nonimmigrant Visa Applications (Consular)
    • National Interest Waivers
  • Entrepreneurs
    • E-1 & E-2 Visas
  • Compliance
    • I-9/Worksite Enforcement
  • Family & Individuals
    • Marriage
    • Deportation, Removal & Asylum
    • Hearings & Appeals
    • Naturalization
    • Students
      • STEM OPT Visas
  • About Us
    • Blog
    • Testimonials
    • Attorneys
      • Philip M. Levin, Founder
      • Don L. Pangilinan, Principal
      • Alec P. Wilczynski, Of Counsel
      • Alexandra Cotroneo, Associate

BIA Holds That A Notice To Appear That Does Not Specify The Time And Place Of A Respondent’s Initial Removal Hearing Vests An Immigration Judge With Jurisdiction Over The Proceedings And Meets The Requirements Of INA §239 (a), So Long As A Notice Of Hearing Specifying This Information Is Later Send To The Respondent, Distinguishing Pereira v. Sessions, 138 S. Ct. 2105 (2018).

November 26, 2018 Philip Levin

On August 30, 2018, the Board of Immigration Appeals (BIA or Board) dismissed both an appeal and a motion to terminate in a case where the Immigration Judge (IJ) had denied respondent’s requests for a continuance and administrative closure, but granted voluntary departure. While respondent’s appeal was pending with the BIA, he filed a motion to terminate proceedings; DHS opposed both the appeal and the motion.

Respondent sought dismissal per Pereira v. Sessions, 138 S. Ct. 2105 (2018), the U.S. Supreme Court decision the Board framed as having merely stated that it’s “narrow” and “dispositive question” was whether a notice to appear (NTA) “that does not specify the ‘time and place at which the proceedings will be held’…trigger[s] the stop-time rule.” Respondent argued that his NTA’s failure to include this information rendered it defective not just vis-a-via the stop-time rule, but for all purposes. This claim, found the BIA, was “misguided”.Pereirahad involved a distinct set of facts, concluded the opinion and, unlike the appellant there, respondent had been properly served with both an NTA and a subsequent notice of hearing containing the missing information. Further distinguishing the two cases, the BIA noted that respondent here is not seeking cancellation of removal and, thus, the stop-time rule “is not at issue”. Significantly, stated the decision, the Supreme Court did not purport to invalidate the underlying removal proceedings or suggest they should be terminated, repeating this holding several times.

The Board also noted that terminating proceedings where service was proper under 8 C.F.R.§1003.18(b) would require that it disregard a regulation it is “compelled to follow”. Additionally, the Ninth Circuit Court of Appeals, in whose jurisdiction respondent’s case arose, had previously “rejected arguments similar to those of the respondent,” citing to Popa v. Holder, 571 F.3d 890 (9THCir. 2009); per the BIA, the Fifth, Seventh, and Eighth Circuits had all agreed that an NTA need not specify the time and place of an initial removal hearing “so long as a notice of hearing specifying this information is later sent” by the Immigration Court.

As to the appeal, respondent challenged the IJ’s denial of his requests for administrative closure and a continuance, but the Board held that his arguments as to administrative closure have been foreclosed by the Attorney General’s recent decision in Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018).  As to the continuance, the BIA agreed with the IJ that respondent has not shown the required good cause, as the case has already been continued once, respondent had not proven eligibility for relief from removal, and “it is speculative that he will become eligible for adjustment of status in the future”. On top of the dismissal of the appeal and motion, respondent was permitted by the Board to voluntarily depart the U.S., at no Government expense, within 60 days of the date of this order and, if he failed to so depart he will be subject to civil penalties and ineligible for 10 years for almost all further immigration relief. Respondent was lastly warned that filing a motion to reopen or reconsider prior to the expiration of the voluntary departure period or any judicial challenge to this order prior to departing the U.S. could have potential negative effects on his ability to depart voluntarily. Matter of Bermudez-Cota, 27 I&N Dec. 441 (BIA 2018).

 

Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. 

You have questions. We have answers.

Filed Under: BIA

Contact Us

Recent Blog Posts

  • U.S. Visa Interview Waiver Program: Important 2025 Updates
  • New DOS Guidance on Mandating Social Media Review of all F-1, M-1, and J-1 visa applicants and Possible Revocations: What You Need to Know
  • H-1B LOTTERY FY 2026 AND THE RECENT MODERNIZATION RULE 
  • Birthright Citizenship Under Fire: Trump’s Latest Executive Order Explained
  • BIA Holds That Its Prior Holding In Matter Of Fernandes, 28 I&N Dec. 605 (BIA 2022), That An Objection To A Noncompliant Notice To Appear Will Generally Be Considered Timely If Raised Prior To The Close Of Pleadings Is Not A Change In Law, And Thus Matter Of Fernandes Applies Retroactively.

Practice Areas

  • Business Immigration
  • Family Immigration
  • Marriage
  • PERM Labor Certification
  • Hearing & Appeals
  • Deportation, Removal, Asylum
  • I-9/Worksite Enforcement

LEAVE A REVIEW

Leave a Review on Google

        

San Francisco Office
930 Montgomery Street
Suite 502
San Francisco, CA 94133

Silicon Valley Office
5201 Great America Parkway
Suite 320
Santa Clara, CA 95054
Los Angeles Office
445 S. Figueroa Street
Suites 2600 & 2700
Los Angeles, CA 90071
©2025 Levin and Pangilinan PC. All Rights Reserved.
  • Business Immigration
  • Family Immigration
  • Labor Certification
  • I-9/Worksite Enforcement
  • Hearings & Appeals
  • Disclaimer
  • Privacy Policy

Copyright © 2025 · XML Sitemap · Sitemap

R-1
TN

The TN nonimmigrant classification allows qualified Canadian and Mexican citizens to enter the U.S. and engage in professional business activities. LPPC will help you navigate through the TN application process by evaluating your eligibility, preparing supporting documentation for your application, and ultimately filing your application. 

B-1

LPPC will guide you through the consular process to receive a B-1 visa for specific short-term business purposes ranging from contract negotiations to seminars and conferences.

O-1

O-1 visas are for persons of extraordinary ability in the sciences, arts, education, business or sports. 

J-1

Administered by the Department of State, the J-1 visa is for students, trainees, academics, researchers, professionals or experts participating in an approved Exchange Visitor program. LPPC will assist you and your sponsor with preparing the necessary paperwork and the consular process so you can begin your program at ease. 

E-1 & E-2

E-1 visas and E-2 visas are for nationals of countries with which the United States has a treaty of friendship, commerce and navigation (FCN) or bilateral investment treaty (BIT). If you are a nonimmigrant trader or investor seeking to conduct business operations or develop a new enterprise in the U.S., we will help you file for the appropriate visa. As a recognized expert in this area, Mr. Levin will provide experienced and dependable assistance with E-1 or E-2 visa applications. 

  • E-1: If you are a national of a country that conducts a significant volume of trade with the U.S. (or if you intend to develop trade between the U.S. and your home country) you might be eligible for entry under an E-1 visa. 
  • E-2: The E-2 visa allows investors from treaty countries to enter the U.S. for purposes of directing and developing a business, with all the commitments and risks implicit in entrepreneurial activity. 
L-1

The L-1 visa category is for executives, managers or professionals employed by foreign affiliates of U.S companies. The L-1 visa is divided into two classifications:

  • L-1A Intracompany Transferee Executive or Manager
  • L-1B Intracompany Transferee Specialized Knowledge
H-1B

Many companies in the United States find themselves increasingly dependent on the talent, experience and energy of foreign national workers in professional, technical or specialized occupational fields. These employees typically enter the U.S. on nonimmigrant H-1B visas for “specialty occupations.” 

With extensive experience in business immigration, you can count on LPPC to guide your company or Human Resources department in preparing and filing an H-1B visa petition.

Green Card

Family preservation and reunification is a priority for our firm. Our attorneys have advised and assisted families from all over the world with entry visas, adjustment of status, and other immigration problems. 

  • Immediate Relatives: If you are the spouse, child, or parent of a U.S. citizen, we can help you obtain a green card through an Immediate Relative petition. 
  • Family-Based Preference: If your relative is a U.S. citizen or lawful permanent resident, we can assist you with your green card application through one of the family based preference categories.
Fiances

If you are a U.S. citizen and your fiancé/fiancée or spouse is overseas, our office will assist you to navigate the CIS requirements and regulations to have the case approved and then prepare you and your spouse for the interview at the U.S. Embassy. LPPC will also help you find the best ways to resolve any problems you encounter if a waiver is required in your case.

Marriage

Immigration through marriage is a common means of obtaining permanent residence in the U.S.  Since 1991, Philip Levin & Associates has helped hundreds of couples immigrate to the U.S. and build their lives together. 

  • I-130 Petition and Adjustment of Status: If you are married to a U.S. citizen, present in the U.S. and eligible to do so, our attorneys will assist you in preparing and filing the necessary I-130 petition and I-485 adjustment of status application in the U.S.
  • Immigrant Visa Consular Processing: If you are married to a U.S. citizen and reside abroad, we will assist you in preparing and filing the IV petition with an Embassy or Consulate-General in your native country. 
  • I-751, Remove Conditions on Residence: If you have been married less than two years at the time your green card was initially approved, our office will help you in the joint petition process to become a permanent resident.