Background
The petitioner sought review of the Board of Immigration Appeals determination to pretermit her application for relief from removal. The Board held that the petitioner abandoned her application because she failed to comply with biometric requirements despite receiving adequate notice from the Immigration Judge.
The court’s reasoning
The court held that there is no error in the Board of Immigration Appeals determination. The petitioner failed to complete biometrics despite receiving adequate notice to comply with the requirements and obtain confirmation by the November fifth, two thousand and eighteen deadline. The court found the Board did not abuse its discretion in affirming the Immigration Judge’s pretermission. The petitioner’s remaining arguments concerning procedural due process rights and Notice to Appear defects were unexhausted because they were neither presented to nor passed upon by the Board of Immigration Appeals.
What it means going forward
The decision reinforces that failure to comply with biometric requirements after adequate notice can result in the pretermission of an application for relief from removal.
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