BIA on Service of an NTA to a Minor 14 Years or Older in Matter of Cubor-Cruz, 25 I & N Dec. 470 (BIA 2011)

On April 29, 2011, the Board of Immigration held that service of an NTA on a minor 14 years of age or older at the time of service is effective, even though notice was not also served on an adult with responsibility for the minor. In Matter of Cubor-Cruz, the Respondent was 17 years old at the time of entry to the United States, and was subject to removal proceedings. He was served in person with an NTA, and he failed to appear for his scheduled hearing before the Immigration Judge.  He argued that he did not receive proper notice of the hearing because the notice should have been given to his step-father or a legal guardian since he was only 17 years old at the time.

The BIA rejected Respondent’s contention and held that nothing in the regulations or precedents precludes the Department of Homeland Security, as a matter of policy or practice, from also serving an adult when a minor is between the ages of 14 and 18.  Hence, in this case, the BIA concluded that the service of the Notice to Appear on the respondent’s step-father or another legal guardian was not required under the regulations.

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