Viewing entries tagged
choice of law

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BIA Discusses Intersection of Venue, Choice of Law, and Administrative Control Court

The Board of Immigration Appeals has stated that choice of law is dependent upon venue in Immigration Court proceedings, and therefore, the controlling circuit law is not affected by a change in the administrative control court and will only change upon the granting of a motion to change venue.

The full text of Matter of M-N-I can be found here:

https://www.justice.gov/d9/2024-05/4076.pdf

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BIA Weighs in on Choice of Law

The Board of Immigration Appeals has determined that the controlling circuit law in Immigration Court proceedings for choice of law purposes is the law governing the geographic location of the Immigration Court where venue lies, namely where jurisdiction vests and proceedings commence upon the filing of a charging document, and will only change if an Immigration Judge subsequently grants a change of venue to another Immigration Court.

The full text of Matter of Garcia can be found here:

justice.gov/eoir/page/file/1576116/download

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