8 CFR 1003.3 - Notice of appeal
| Cite as | 8 CFR 1003.3 |
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189 practice notes
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Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
...rule will reduce the maximum allowable time for an extension of the briefing schedule for good cause shown from 90 days to 14 days. 8 CFR 1003.3(c). Consistent with current BIA policy ``not to grant second briefing extension requests,'' the rule expressly limits the parties to one possible ......
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Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers
...removal proceedings, including the submission of a Form EOIR- 26, Notice of Appeal from a Decision of an Immigration Judge. See generally 8 CFR 1003.3, 1003.38. The Departments also propose to amend 8 CFR 1003.1(b) to make clear that a noncitizen may appeal the IJ's decision to the BIA and ......
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Procedures for Asylum and Bars to Asylum Eligibility
...grant an asylum application, the officer shall refer the application for adjudication in removal proceedings by an immigration judge); 8 CFR 1003.3(a)(1) (providing for appeals of immigration judge decisions to the BIA); 8 CFR 1003.37(a) (explaining that a ``decision of the Immigration Judg......
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Texas v. United States, Civil Action No. 6:21-cv-00003
...U.S. 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......
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182 cases
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Texas v. United States, Civil Action No. 6:21-cv-00003
...U.S. 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......
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United States v. Niebla-Ayala, EP-18-CR-3067-KC
...at 659.1. Administrative remedies and judicial reviewDOJ regulations allow a noncitizen to appeal the IJ's removal order to the BIA. 8 C.F.R. § 1003.3.A noncitizen may also generally seek judicial review of a removal order in the court of appeals for the circuit wherein the IJ sits. 8 U.S.C......
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Pilica v. Ashcroft, No. 02-4348.
...25, 2002, with the exception that the new clearly erroneous standard of review would not be used in appeals filed before that date. 8 C.F.R. § 1003.3(f) (2004). The review of Petitioner's case thus should have been conducted de novo, without reference to the clearly erroneous Petitioner con......
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Zetino v. Holder, No. 08-70390.
...reviewing the denial of Zetino's motion to accept an untimely brief for an abuse of discretion, because the applicable regulation, 8 C.F.R. § 1003.3(c)(1), fails to provide a sufficiently meaningful standard. We There are two grounds upon which to challenge appellate jurisdiction over a dis......
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1 firm's commentaries
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Cost Of Counsel In Immigration: Economic Analysis Of Proposal Providing Public Counsel To Indigent Persons Subject To Immigration Removal Proceedings
...1229a(b), (c). Either side can appeal the decision to the administrative Board of Immigration Appeals ("BIA") within 30 days. 8 C.F.R. § 1003.3. If the respondent loses before the BIA, he or she can then appeal within 30 days to the Federal Court of Appeals in the circuit where th......