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New Decision on Matter of Garcia regarding Venue BIA 2023

The Board of Immigration Appeals has issued a decision in Matter of GARCIA, 28 I&N Dec. 693 (BIA 2023).

For choice of law purposes, the controlling circuit law in Immigration Court proceedings is the law governing the geographic location of the Immigration Court where venue lies, namely where jurisdiction vests and proceedings commence upon the filing of a charging document, and will only change if an Immigration Judge subsequently grants a change of venue to another Immigration Court. Matter of R-C-R-, 28 I&N Dec. 74 (BIA 2020), clarified.

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