The Board of Immigration Appeals has ruled that when an application for relief is timely filed but supporting documents are not submitted within the time established, the Immigration Judge may deem the opportunity to file the documents to be waived but may not deem the application itself abandoned. See Matter of Jesus INTERIANO-ROSA, 25 I&N Dec. 264 (BIA 2010).
It should be noted that the Department of Homeland Security did not file a brief in opposition of the Respondent's appeal, and the Board remanded the case back to the Immigration Court in Boston for further proceedings.
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