Any true Immigration Litigator (trial attorney) knows the complexity of practicing before the Immigration Courts, or Executive Office for Immigration Review (EOIR) as it is formally known.
Court practice is dictated by intricate and ever changing rules, such as those of the recently revised Immigration Court Practice Manual. Litigators such as myself, must constantly keep abreast of biometric and fingerprint requirements, expiration dates of medical examinations, forensic document authentication, etc., etc.
One area of Immigration court practice that has all to often led to removal (deportation) orders is the failure of a foreign national to get fingerprinted. Such a failure, though seemingly small, can lead to deportation.
The good news is the Board of Immigration Appeals (BIA), the appellate court that reviews decisions of the Immigration Judges, issued an unpublished decision holding that when a foreign national:
"is required to provide biometrics and other biographical information and then fails to provide such information in a timely manner, the Immigration Judge may deem the application abandoned and enter an order of removal. 8 C.F.R. §§1003.47(c)-(d)... this Board will not approve such a drastic measure absent proof that the alien had actually received notice from the Immigration Judge of the consequences of failing to comply with the biometrics requirement."
This is great news for a foreign national who has been ordered removed for failure to get fingerprinted if they can demonstrate the Immigration Judge did not provide adequate notice. Such an individual may be able to file a Motion to Reopen before an Immigration Judge or a Motion to Remand before the BIA.
If you are in this situation, you should contact my office or consult with a competent immigration attorney.
Ricky Malik
Attorney at Law
Greencard@mail.com
www.rmlegal.com
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