New opinion: the BIA’s Third Circuit losing streak continues

Guadalupe v. AG—immigration—reversal—Roth

It’s been rough sledding for the Board of Immigration Appeals in the Third Circuit lately. The BIA has an unbroken string of precedential CA3 losses dating back to last July with EOHC, Rosa, Da Silva, Luziga, Fang, Yoc-US, and especially Quinteros.

That trend continued today. The Third Circuit held that the Supreme Court’s 2018 ruling in Pereira v. Sessions abrograted prior cases holding that a notice to appear which erroneously omits the time or date can be cured by inclusion of the missing info in a subsequent notice of hearing, rejecting the BIA’s conclusion to the contrary and splitting with the Sixth Circuit.

Joining Roth were Restrepo and Fisher. Arguing counsel were Marcia Kasdan of Hackensack, NJ, for the petitioner and Lindsay Corliss for the government.