Decision date: 2022-02-15

Abrogating Matter of D-M-C-P-, 26 I&N Dec. 644 (BIA 2015) to hold that 8 C.F.R. § 1003.47(d) requires DHS to provide oral notification, a written biometrics notice, and instructions to asylum applicants but while DHS failed to provide a biometrics notice in this case, the IJ's fingerprint warning satisfied this requirement. The Court further concluded that the BIA did not err in affirming the IJ's conclusion that Mejia-Velasquez had abandoned her asylum application after failing to provide DHS with her biometrics. Judge Motz dissented.

Publication Status: Published

Case judge: Motz, Niemeyer, Richardson

Decision: Mejia-Velasquez v. Garland, 26 F.4th 193 (4th Cir. 2022)