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Keywords

statuteappealhearingmotiondeportationnaturalization

attorneyhearingpleamotiondue processdeportation

Related Cases

Lahmidi v. Immigration and Naturalization Service

Facts

Mohammed Simon Lahmidi, a native and citizen of Morocco, entered the U.S. as a non-immigrant visitor and later adjusted his status to a non-immigrant student. After failing to appear at a scheduled deportation hearing, the Immigration and Naturalization Service issued an in absentia deportation order. Lahmidi argued that he did not receive notice of the hearing due to a change of address and that the order to show cause did not inform him of his obligation to notify the INS of any address changes. The Board of Immigration Appeals denied his motion to reopen, leading to this appeal.

Mohammed Simon Lahmidi is a native and citizen of Morocco who entered the United States on May 9, 1987 as a non-immigrant visitor for pleasure.

Issue

Whether the new provisions of 242B of the Immigration and Nationality Act apply to Lahmidi's case, given that the order to show cause was issued before the effective date of the statute.

Whether 242B applies in a case in which the order to show cause was issued before 242B's effective date, but the notice of hearing was issued after it.

Rule

The court determined that 242B applies only when both the order to show cause and the notice of hearing are issued after the effective date of the statute.

Section 1252b of the INA sets forth the procedures, including the notice and due process protections, that the Attorney General must follow before deporting an alien.

Analysis

The court analyzed the statutory language and legislative history of 242B, concluding that the provisions were designed to function as a single integrated process. Since Lahmidi's order to show cause was issued before the effective date of 242B, the court held that the new provisions did not apply to him. The court found that the order failed to inform Lahmidi of his obligation to provide a change of address, which constituted reasonable cause for his failure to appear.

The BIA erred in applying 242B in Lahmidi's case when it should have applied the pre-242B standards.

Conclusion

The court granted Lahmidi's appeal and remanded the case for the Board of Immigration Appeals to grant his motion to reopen the deportation proceedings.

We grant the petitioner's motion to reopen his deportation proceedings.

Who won?

Petitioner, Mohammed Simon Lahmidi, prevailed because the court found that the BIA erred in applying the new provisions of 242B to his case, which did not comply with the notice requirements.

Petitioner prevailed because the court found that the BIA erred in applying the new provisions of 242B to his case.

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