8 CFR 1003.38 - Appeals

Cite as8 CFR 1003.38
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156 practice notes
  • Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...or the opportunity for the alien to make his or her case to an immigration judge, INA 240(a)(1), 8 U.S.C. 1229a(a)(1), or on appeal, 8 CFR 1003.38. Further, although due process requires a fair tribunal, In re Murchison, 349 U.S. 133, 136 (1955), generalized, ad hominem allegations of bias ......
  • Executive Office for Immigration Review; Fee Review
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...commenters' concerns that the appeal fee will be difficult to raise in the time period allowed for filing an appeal with the BIA, see 8 CFR 1003.38(b) (instructing that appeals must be filed with the BIA within 30 calendar days after the immigration judge decision), the Department notes tha......
  • Procedures for Asylum and Bars to Asylum Eligibility
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...asylum applications. Moreover, nothing in this rule prevents individuals from appealing the immigration judge's determination. See 8 CFR 1003.38 (appeals with the BIA). Further, as explained in section II.C.6.k, resolving errors in the criminal justice system is beyond the scope of this The......
  • Berhe v. Gonzales, No. 05-1870.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • September 26, 2006
    ...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 appeal the......
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143 cases
  • Berhe v. Gonzales, No. 05-1870.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • September 26, 2006
    ...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 appeal the......
  • Texas v. United States, Civil Action No. 6:21-cv-00003
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • February 23, 2021
    ...Dep't of Justice, Office of the Chief Immigration Judge, Immigration Court Practice Manual, § 4.16(h); see also 8 C.F.R. §§ 1003.1, 1003.3, 1003.38(a); (Dkt. No. 82 at 13). To appeal, a party must file a Notice of Appeal with the BIA no later than 30 calendar days after the immigration judg......
  • Martinez v. Barr, No. 17-72186
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • October 30, 2019
    ...the order on the first MTR that the BIA ultimately reviewed. An immigrant has 30 days to appeal the decision of an immigration judge, 8 C.F.R. § 1003.38, and because there is no suggestion of any defect regarding the timing of Diaz Martinez’s appeal, it would appear that she already had app......
  • United States v. Castro -Gomez, 1:18-CR-187-RP
    • United States
    • United States District Courts. 5th Circuit. Western District of Texas
    • February 8, 2019
    ...S.Ct. 2099, 72 L.Ed.2d 492 (1982) ). A removal order issued by an immigration judge is a judgment; it may be appealed to the BIA. See 8 C.F.R. § 1003.38(a) ; Fed. R. Civ. P. 54(a). Thus, in the immigration context, where an immigration judge lacks the authority to order a noncitizen removed......
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1 books & journal articles

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