U.S. Department of Justice

EOIR BIA Decisions

The Board of Immigration Appeals has issued a decision in Matter of HERRERA-NUNEZ, 29 I&N Dec. 691 (BIA 2026).

An alien subject to a final removal order should first request a stay from the Department of Homeland Security prior to the Board considering a stay request filed in connection with a motion to reopen or reconsider a Board or Immigration Court order.

The Board of Immigration Appeals has issued a decision in Matter of HERRERA-NUNEZ, 29 I&N Dec. 695 (BIA 2026).

The respondent did not establish an exceptional situation warranting sua sponte reopening of removal proceedings where his equities were acquired years after he was ordered removed from the United States.

                                                                                        
Executive Office for Immigration Review
Office of Policy
PAO.EOIR@usdoj.gov
703-305-0289