BIA held that IJs must notify asylum applicants of biometrics requirements, deadline, and noncompliance consequences, and that IJs and BIA lack jurisdiction to consider if asylum-only proceedings were improvidently begun under a VWP referral. Matter of D-M-C-P-, 26 I&N Dec. 644 (BIA 2015
It is improper to deem an application for relief abandoned based on the applicant’s failure to comply with the biometrics filing requirement where the record does not reflect that the applicant received notification advisories concerning that requirement, was given a deadline for submitting the biometrics, and was advised of the consequences of his or her failure to comply.
Read Full Decision Matter of D-M-C-P-, 26 I&N Dec. 644 (BIA 2015
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