top of page
  • Writer's picturenmartinattorney

Late Appeals Decision on Morales Morales

The Board of Immigration Appeals has issued a decision in Matter of MORALES-MORALES, 28 I&N Dec 714 (BIA 2023).

(1) The Board of Immigration Appeals has authority to accept what are otherwise untimely appeals, and consider them timely, in certain situations because 8 C.F.R. § 1003.38(b) (2022) is a claim-processing rule and not a jurisdictional provision. Matter of Liadov, 23 I&N Dec. 990 (BIA 2006), overruled.

(2) The Board will accept a late-filed appeal where a party can establish that equitable tolling applies, which requires the party to show both diligence in the filing of the notice of appeal and that an extraordinary circumstance prevented timely filing.

12 views0 comments

Recent Posts

See All

Children and Immigration - March 17, 2022

One-Third of New Immigration Court Cases Are Children; One in Eight Are 0-4 Years of Age (excerpt from Trac Immigration) "Published March 17, 2022 Almost one-third of all new cases in Immigration Cour

EB-5 New Changes on the Horizon- March 10, 2022

The Senate approved a reauthorization of the EB-5 Regional Center Program – the EB-5 Reform and Integrity Act of 2022 (“Integrity Act”) – on March 10, 2022, as part of the FY 2022 Consolidated Appropr


bottom of page