Terminating Removal Proceedings to Pursue Naturalization: Challenging Acosta Hidalgo

This Practice Advisory discusses 8 C.F.R. § 1239.2(f) and the BIA’s interpretation of it in Matter of Acosta Hidalgo. In Matter of Acosta Hidalgo, the BIA said that IJs and the BIA lack jurisdiction to determine prima facie eligibility for naturalization in order to terminate removal proceedings. The advisory sets out legal arguments for challenging the BIA’s decision.

Published On: Friday, September 18, 2009 | Download File