BIA Issues Two Decisions on Notice Requirements for Juveniles

IMMIGRATION LAW & POLICY

Removal Procedures and Defenses

BIA ISSUES TWO DECISIONS ON NOTICE REQUIREMENTS FOR JUVENILES
Immigrants' Rights Update, Vol. 16, No. 8, December 23, 2002

The Board of Immigration Appeals has issued two en banc precedent decisions addressing the requirements for a notice of proceedings in cases concerning juveniles. The decisions explain the special consideration that must be given to minors in removal proceedings.

In Matter of Gomez-Gomez, the Immigration and Naturalization Service served a Notice to Appear (NTA) on an adult who identified himself as the parent of an eight-year-old respondent. The minor respondent was released to the parent, and a notice of hearing was subsequently mailed to the parent's address. After the minor failed to appear for her hearing, the immigration judge declined to enter an in absentia order of removal, finding that there was no evidence apart from that provided by the adult to establish either the minor's removability or the fact that the adult was the minor's parent. On appeal, the BIA reversed, finding that absent any evidence that puts in question the information provided by the adult to the INS, the IJ should accept it. The BIA found that in such circumstances, service on the adult constituted adequate notice.

In Matter of Mejia-Andino, the INS served a notice of proceedings on an uncle who was detained accompanying a seven-year-old respondent, to whom the minor was released from custody. However, the minor had stated that she was en route to her parents, who were residing in the United States. When she failed to appear for the hearing, the immigration judge entered an in absentia removal order. On appeal, the BIA noted that service on the accompanying uncle was proper but not sufficient, because the INS was aware that after her release from detention, the respondent would reside with her parents in the United States. The BIA interpreted 8 C.F.R. section 103.5a(c)(ii) to require in these circumstances that the INS at least attempt service of a notice on a parent.

Matter of Gomez-Gomez, 23 I. & N. Dec. 522, Int. Dec. 3483 (BIA Dec. 4, 2002), Matter of Mejia-Andino, 23 I. & N. Dec. 533, Int. Dec. 3484 (BIA, Dec. 4, 2002).