8 CFR 1003.29 - Continuances
Cite as | 8 CFR 1003.29 |
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566 practice notes
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Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
...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 ......
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In re Castro-Tum, Interim Decision #3926
...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......
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In re Castro-Tum, Interim Decision #3926
...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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United States v. Niebla-Ayala, EP-18-CR-3067-KC
...application. See Recording, Track 4 at 4:12–25. While the IJ had discretion to grant or deny that request "for good cause shown," see 8 C.F.R. § 1003.29, the Attorney General recently reiterated the BIA's important power in reviewing the IJ's decision to grant or deny continuances, see gene......
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553 cases
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Osorio-Martinez v. Attorney Gen. U.S., No. 17-2159
...] ... 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. ......
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In re Castro-Tum, Interim Decision #3926
...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......
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In re Castro-Tum, Interim Decision #3926
...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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Vahora v. Holder, No. 09-3033
...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
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New Developments In U.S. Immigration Court
...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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In Re L-a-c-: a Pragmatic Approach to the Burden of Proof and Corroborating Evidence in Asylum Proceedings
...160. Id. at 522 (citing In re Perez-Andrade, 19 I&N Dec. 433 (BIA 1987); In re Sibrun, 18 I&N Dec. 354, 35557 (BIA 1983); see also 8 C.F.R. §§ 1003.29, 1240.6 (2014)). 24 GEORGETOWN IMMIGRATION LAW JOURNAL [Vol. 35:1 not required, the Board cautioned that “[t]here are circumstances in whic......
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Legal Limbo as Subordination: Immigrants, Caste, and the Precarity of Liminal Status in the Trump Era
...they are brief and often accompanied with the enervating message that deportation is imminent if a visa is not obtained quickly. 89. 8 C.F.R. § 1003.29 (2020). 90. In re Hashmi, 24 I. & N. Dec. 785, 788 (B.I.A. 2009). The BIA applied this same presumption to the granting of continuances bas......