8 CFR 1003.29 - Continuances

Cite as8 CFR 1003.29
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559 practice notes
  • Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...relief or actions outside of EOIR, including requesting a continuance or working with DHS counsel to file a motion to dismiss. See 8 CFR 1003.29, Additionally, the Department finds it necessary to provide this clarification to resolve competing interpretations of 8 CFR 1003.1(d)(1)(ii) and ......
  • Osorio-Martinez v. Attorney Gen. U.S., No. 17-2159
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • June 18, 2018
    ...] ... for a fixed but potentially renewable period of time." Matter of Castro-Tum , 27 I. & N. Dec. 271, 291 (Att’y Gen. 2018) (quoting 8 C.F.R. § 1003.29 ).18 We do not suggest that habeas relief is contingent on a prior determination of the due process rights of a detainee. See Gerald L. ......
  • In re Castro-Tum, Interim Decision #3926
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • May 17, 2018
    ...the case. 8 C.F.R. § 1003.12.(5) For cases that truly warrant a brief pause, the regulations expressly provide for continuances. 8 C.F.R. § 1003.29.(6) The Immigration and Nationality Act unambiguously states that, with respect to in absentia proceedings, so long as the Department of Homela......
  • In re Castro-Tum, Interim Decision #3926
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • May 17, 2018
    ...device that most resembles administrative closure. An immigration judge "may grant a motion for continuance for good cause shown." 8 C.F.R. § 1003.29; see also 8 C.F.R. § 1240.6 (an immigration judge "may grant a reasonable adjournment either at his or her own instance or, for good cause sh......
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549 cases
  • Osorio-Martinez v. Attorney Gen. U.S., No. 17-2159
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • June 18, 2018
    ...] ... for a fixed but potentially renewable period of time." Matter of Castro-Tum , 27 I. & N. Dec. 271, 291 (Att’y Gen. 2018) (quoting 8 C.F.R. § 1003.29 ).18 We do not suggest that habeas relief is contingent on a prior determination of the due process rights of a detainee. See Gerald L. ......
  • In re Castro-Tum, Interim Decision #3926
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • May 17, 2018
    ...the case. 8 C.F.R. § 1003.12.(5) For cases that truly warrant a brief pause, the regulations expressly provide for continuances. 8 C.F.R. § 1003.29.(6) The Immigration and Nationality Act unambiguously states that, with respect to in absentia proceedings, so long as the Department of Homela......
  • In re Castro-Tum, Interim Decision #3926
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • May 17, 2018
    ...device that most resembles administrative closure. An immigration judge "may grant a motion for continuance for good cause shown." 8 C.F.R. § 1003.29; see also 8 C.F.R. § 1240.6 (an immigration judge "may grant a reasonable adjournment either at his or her own instance or, for good cause sh......
  • Vahora v. Holder, No. 09-3033
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • November 15, 2010
    ...rejection of untimely briefs is correct. 14 The regulations provide a standard of "good cause" for the granting of continuances, see 8 C.F.R. § 1003.29, and the BIA has "defined the parameters of 'good cause' " as dependent "on the facts and circumstances presented." Matter of Hashmi, 24 I.......
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1 firm's commentaries
  • New Developments In U.S. Immigration Court
    • United States
    • Mondaq United States
    • February 19, 2020
    ...against the due process considerations of those in removal proceedings.8 Restrictions on Granting Continuances: Matter of L-A-B-R- 8 C.F.R. § 1003.29 permits immigration judges to grant a motion for continuance for good cause shown.9 Prior to 2018, several circuit courts held that immigrati......
2 books & journal articles

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