8 C.F.R. §1003.38 - Appeals
| Cite as | 8 C.F.R. §1003.38 |
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155 cases
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Alexander-Mendoza v. Attorney Gen. United States
...At present, an alien's right to administratively appeal a removal order exists solely by virtue of the implementing regulations. See 8 C.F.R. § 1003.38(a) ; id. § 1003.1(b)(3); id. 55 F.4th 205 § 1003.3(a)(1) ; see also Albathani v. INS , 318 F.3d 365, 376 (1st Cir. 2003) ("[A]dministrative......
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Obiri v. Holder, CIVIL ACTION H-10-208
...her application for adjustment and orders her removal, she may then appeal to the Board as a matter of right. 8 C.F.R. §§ 1003.1(b), 1003.3, 1003.38, 1240.15. If the Board affirms the immigration judge's ruling, that order becomes administratively final. 8 U.S.C. § 1101(a)(47)(B). Plaintiff......
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Sengkeo v. Horgan, Civil Action No. 09cv11032-NG.
...the IJ's ruling on the bond issue amounts to a procedural default. That the time has lapsed on her ability to appeal that ruling, see 8 C.F.R. § 1003.38(b) (30-day appeal period), is hardly grounds to conclude that she has exhausted her remedies. See Cohen v. Mukasey, 2009 WL 1766843, at *5......
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Berhe v. Gonzales, 05-1870.
...Board further noted that Berhe's Notice of Appeal, which was filed six months after the immigration judge's decision, was untimely. See 8 C.F.R. § 1003.38(b). In his petition, Berhe contends, and the government concedes, that the immigration judge failed to advise Berhe of his right to appe......
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1 books & journal articles
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So, What Should I Ask Him to Prove that He's Gay?': How Sincerity, and Not Stereotype, Should Dictate the Outcome of an LGB Asylum Claim in the United States
...C.F.R. §§ 207–08; Immigration and Nationality Act (INA) § 212, 8 U.S.C. § 1182 (2012). 10 . See infra Part I.B. 11. 8 C.F.R. §§ 1003.1(b), 1003.38(a) (2016). 12 . Board of Immigration Appeals , U.S. DEP’T OF JUST., http://www.justice.gov/eoir/board-of-immigration-appeals (last updated Mar. ......