The Board of Immigration Appeals (BIA) ruled that intent to file for removal relief alone doesn’t cancel removal proceedings. Additionally, this decision reinforces the idea that the government can reopen removal cases regardless of how long they’ve been delayed. It also illustrates the importance of filing petitions for removal waivers as soon as possible.

Case Details

The respondent, a Mexican national, entered the U.S. in 2004. Afterwards, they were charged with removability under the Immigration and Nationality Act (INA). The government didn’t formally reopen removal proceedings until June, 2025. The respondent objected, stating their intention to file for a stay of removal and marriage to a lawful permanent resident disqualified them from removal. An immigration judge (IJ) concurred with the respondent’s logic.

Board Decision

In response, the Board overturned the judge’s decision. The Board explained intent alone wasn’t a valid enough reason for not restarting removal proceedings. Meanwhile, the Board stated that the respondent had more than enough time for filing a waiver of removal. In short, there was no reason that they shouldn’t already submitted a petition in the thirteen years between closing and reopening their removal case. This ruling reaffirms the importance of filing for a removal waiver as soon as possible. In cases like these, the government will take the amount time the respondent didn’t submit a waiver petition into account.

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