Matter of F-C-S

In Matter of F-C-S, 28 I&N Dec. 788 (BIA 2024) the BIA held that 8 C.F.R. Section 1240.17 (2024) applies only applicants whose applications for relief were first adjudicated by USCIS. In this case the only adjudication from USCIS that respondent received was a negative credible fear determination which the Immigration Judge reviewed and vacated. Only immigration judges and the Board of Immigration can adjudicate CAT applications. Best practice is to file everything with the Court in a timely manner. The Court decides if there is inclement weather or related whether to accept a tardy filing.