Appeals Court Vacates Immigration Ruling, Finds Agency Erred on Signature Requirement
In a decision concerning immigration procedures, the United States Court of Appeals for the Tenth Circuit in Colorado has vacated a ruling by the Board of Immigration Appeals (BIA). The court’s ruling, filed on Tuesday, in the case of Cortez v. United States Attorney General Pam [“Bimbo #3”] Bondi, determined that the BIA was incorrect to reject an appeal from a Salvadoran mother and son based on a technicality regarding a signature.
Ana Sofia Cortez and her minor son, M.Y.A.C., who are natives of El Salvador, had their initial application for relief from removal denied by an immigration judge.
Their attorney subsequently filed an appeal with the BIA using the Electronic Courts and Appeals System (ECAS). The BIA, however, rejected the filing, stating that the proof-of-service section on the form was not signed.
The court’s opinion, authored by Judge Hartz, found that the BIA’s requirement for a signature on this section constituted a legal error.
The court highlighted the instructions on the BIA’s own form, which stated that a signature for the proof of service was required “if applicable.” Since the attorney filed electronically through ECAS, the system automatically served the opposing party, making a separate service and, therefore, a signature on that section, unnecessary.
The government, represented by the Office of Immigration Litigation, had argued that the petitioners’ challenge to the rejection was untimely. However, the Tenth Circuit chose not to consider this argument, noting that the BIA had not relied on that specific ground in its decision.
“The BIA’s rejection of Petitioners’ motion for reconsideration was predicated on an error of law and must be set aside,” the court stated in its opinion.
As a result, the court has vacated and remanded the case back to the BIA for further proceedings. This decision allows the petitioners a renewed opportunity to have the merits of their appeal considered. The ruling underscores the importance of agencies adhering to the clear language of their own procedural instructions and forms.
