8 C.F.R. § 1208.10
Failure to appear at a scheduled hearing before an immigration judge; failure to follow requirements for biometrics and other biographical information processing
Failure to appear for a scheduled immigration hearing without prior authorization may result in dismissal of the application and the entry of an order of deportation or removal in absentia. Failure to comply with processing requirements for biometrics and other biographical information within the time allowed will result in dismissal of the application, unless the applicant demonstrates that such failure was the result of good cause. DHS is responsible for obtaining biometrics and other biographical information with respect to any alien in custody.
Notes of Decisions
Cited in 26
cases (7 in the last 5 years), 2008–2026 · leading case: Qi Cui v. Mukasey, 538 F.3d 1289 (9th Cir. 2008).
Qi Cui v. Mukasey, 538 F.3d 1289 (9th Cir. 2008). “2d at 92-93 ; see also 8 C.F.R. § 1208.10 (requiring the applicant to show “good cause”).”
Karapetyan v. Mukasey, 543 F.3d 1118 (9th Cir. 2008). “When Karapetyan was asked by the IJ why he did not submit fingerprints, he explained that he suffered a debilitating injury from a car accident on April 4, 2004 — about two months prior to the merits hearing, which was held on June 10, 2004.”
Isabel Gonzalez-Veliz v. Merrick Garland, 996 F.3d 942 (9th Cir. 2021). “GARLAND see also 8 C.F.R. § 1208.10 (“Failure to comply with processing requirements for biometrics .”
Umezurike v. Holder, 610 F.3d 997 (7th Cir. 2010). “” 8 C.F.R. § 1208.10 (emphasis added). This court has upheld the Board’s refusal to grant a continuance or motions for other relief where the petitioners had no good cause for failing to submit the required biometric data.”
Juarez v. Holder, 599 F.3d 560 (7th Cir. 2010). “See 8 C.F.R. § 1208.10 (application may be deemed abandoned for failure to comply with biometrics requirements unless good cause is shown); id.”
Aimin Yang v. Eric Holder, Jr., 760 F.3d 660 (7th Cir. 2014). “” 8 C.F.R. § 1208.10 (emphasis added). The IJ required Yang to submit several sets of fingerprints: one within two weeks of the master calendar hearing, and another within one year of any continued hearing.”
Katherin Mejia-Velasquez v. Merrick Garland, 26 F.4th 193 (4th Cir. 2022). “47(c) and 8 C.F.R. § 1208.10 (providing that “[f]ailure to comply with processing requirements for biometrics and other biographical information within the time allowed will result in dismissal of [an immigration] application, unless the applicant demonstrates that such failure…”
Quinteros Ramos v. Holder, 412 F. App'x 2 (9th Cir. 2010). “47 (c); see also 8 C.F.R. § 1208.10 (“Failure to comply with processing requirements for biometrics .”
De La O-Turcios v. Garland (9th Cir. 2023). “47 (c); see also 8 C.F.R. § 1208.10 . As part of this process, an IJ must “specify for the record when the respondent receives the biometrics notice and instructions and the consequences for failing to comply with the requirements of this section.”
Fanxing Zeng v. Merrick Garland (9th Cir. 2022). “47 (c)); see also 8 C.F.R. § 1208.10 (“Failure to comply with processing requirements for biometrics .”
Cruz-Herrera v. Garland (9th Cir. 2023). “See 8 C.F.R. § 1208.10 (“Failure to comply with processing requirements for biometrics … within the time allowed will result in dismissal of the application, unless the applicant demonstrates that such failure was the result of good cause.”
Sandoval Pineda v. Bondi (9th Cir. 2025). “” 8 C.F.R. § 1208.10 . The BIA found that Lead Petitioner did not demonstrate good cause and dismissed the appeal.”
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