Legal Opinion
MORALES-MORALES
Board of Immigration Appeals
Decided May 5, 2023No. ID 4062Published
1Opinion of the Court
Cite as
28 I&N Dec. 714
(BIA 2023) Interim Decision #4062 Matter of Wilson Ulices MORALES-MORALES, et al., Respondents Decided May 5, 2023 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (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…
2Cases cited11 opinions
- Holland v. FloridaSupreme Court of the United States · 2010
- Bowles v. RussellSupreme Court of the United States · 2007
- Kontrick v. RyanSupreme Court of the United States · 2004
- Henderson v. ShinsekiSupreme Court of the United States · 2011
- Stone v. Immigration & Naturalization ServiceSupreme Court of the United States · 1995
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