8 CFR 1003.14 - Jurisdiction and commencement of proceedings

Cite as8 CFR 1003.14
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469 practice notes
  • Castellar v. Nielsen, Case No. 17-cv-0491-BAS-BGS
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • February 8, 2018
    ...officers file an NTA against an alien with the immigration court, an entity which is part of EOIR. 8 C.F.R. §1239.1(a); see also 8 C.F.R. §1003.14. Immigration officers provide the time, place and date of the initial removal hearing in the NTA "where practicable." 8 C.F.R. §1003.18(b). If t......
  • In re Castro-Tum, Interim Decision #3926
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • May 17, 2018
    ...of Vietnam, Cambodia, and Laos), 1214.2 (T nonimmigrant status), 1214.3 (V nonimmigrant status). 7. The Board in Avetisyan also cited 8 C.F.R. § 1003.14(a) for the proposition that jurisdiction vests upon the filing of a notice to appear. 25 I&N Dec. at 694. But that provision is not an ind......
  • In re Castro-Tum, Interim Decision #3926
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • May 17, 2018
    ...of Vietnam, Cambodia, and Laos), 1214.2 (T nonimmigrant status), 1214.3 (V nonimmigrant status). 7. The Board in Avetisyan also cited 8 C.F.R. § 1003.14(a) for the proposition that jurisdiction vests upon the filing of a notice to appear. 25 I&N Dec. at 694. But that provision is not an ind......
  • United States v. Niebla-Ayala, EP-18-CR-3067-KC
    • United States
    • United States District Courts. 5th Circuit. Western District of Texas
    • December 5, 2018
    ...vests, and proceedings before an Immigration Judge commence, when a charging document is filed with the Immigration Court." 8 C.F.R. § 1003.14. The regulations define "charging document" to include "a Notice to Appear." Id. § 1003.13; see also Martinez-Garcia v. Ashcroft , 366 F.3d 732, 735......
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502 cases
  • Castellar v. McAleenan, Case No. 17-cv-0491-BAS-BGS
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • June 7, 2019
    ...the immigration court, an entity which is part of the Executive Office for Immigration Review ("EOIR"). 8 C.F.R. § 1239.1(a) ; see also 8 C.F.R. § 1003.14.As a general matter, "[t]he Immigration Court shall be responsible for scheduling cases and providing notice to the government and the a......
  • United States v. Ordoñez, CRIMINAL NO. PWG-17-304
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • August 31, 2018
    ...and proceedings before an Immigration Judge commence, when a charging document is filed with the Immigration Court by the Service." 8 C.F.R. § 1003.14(a). A notice to appear is one form of charging document. See 8 C.F.R. § 1003.13. "The charging document must include a certificate showing s......
  • Asrat v. Barr, Case No. 1:18-cv-1453
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia)
    • August 13, 2019
    ...contrary, the Immigration Court, which did adjudicate plaintiff's application for adjustment of status, denied the application.14 See 8 C.F.R. § 1003.14 ("Jurisdiction vests, and proceedings before an Immigration Judge commence, when a charging document is filed with the Immigration Court b......
  • Yith v. Johnson, Case No. 1:14–CV–01875–LJO–SKO
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • January 8, 2016
    ...all that is required to commence removal proceedings is the filing of the NTA with the immigration court. See 8 C.F.R. § 1239.1 ; 8 C.F.R. § 1003.14(a) (“Jurisdiction vests and proceedings before an Immigration Judge commence, when a charging document is filed with the Immigration Court by ......
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1 books & journal articles
  • The IRCA I-9 Guide
    • United States
    • ABA General Library ABA Immigration Compliance and Best Practices -
    • August 27, 2018
    ...a list C EAD valid for one year from the expiration date on Form I-551.120114. Handbook for Employers § 7.4.4; see Appendix E. 115. 8 C.F.R. § 1003.14(b). 116. INA § 208(c)(1)(B); 8 U.S.C. § 1158(c)(1)(B); 8 C.F.R. §§ 208.7, 1208.7. 117. 8 C.F.R. § 274a.12(a)(5) provides for an EAD that sha......

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