The BIA held last month that a regulatory requirement that noncitizens be advised of their right to counsel and that any statement made may be used against them does not apply prior to DHS filing a Notice to Appear with an immigration court. Matter of E-R-M-F- & A-S-M-, 25 I&N Dec. 580 (BIA 2011) (Cole, Pauley, and Wendtland, Board Members). Board Member Pauley wrote the panel’s decision.