8 CFR 1003.3 - Notice of appeal

Cite as8 CFR 1003.3
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180 practice notes
  • Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...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 ......
  • Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...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 ......
  • Procedures for Asylum and Bars to Asylum Eligibility
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...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......
  • Enwonwu v. Chertoff, No. CIV.A. 05-10511-WGY.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • July 12, 2005
    ...it was never delivered to him. Id. at 20. As such, Enwonwu argues, the notice provided by the BIA fails to conform with 8 C.F.R. § 1003.3(a) which provides that "[t]he appeal must reflect proof of service of a copy of the appeal and all attachments on the opposing party." 8 C.F.R.......
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172 cases
  • 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
    ...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......
  • 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
    ...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......
  • Pilica v. Ashcroft, No. 02-4348.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • November 15, 2004
    ...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......
  • Zetino v. Holder, No. 08-70390.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 18, 2010
    ...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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