8 CFR 1003.7 - Notice of certification

Cite as8 CFR 1003.7
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12 practice notes
  • Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...it, immigration judges already possess the authority to certify a case to the BIA following a remand and the issuance of another decision, 8 CFR 1003.7, and some immigration judges have used that procedure in order to seek clarification of the BIA's decision. That indirect process, however,......
  • 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
    ...8 C.F.R. § 1003.39. An order also becomes final when the BIA "declines to accept a certified case for review." 8 C.F.R. § 1003.7. Once an order of removal from a 240-proceeding is administratively "final," it may be judicially reviewed. See 8 U.S.C. § 1252(b)(9); (Dkt. N......
  • State 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
    ...; 8 C.F.R. § 1003.39. An order also becomes final when the BIA "declines to accept a certified case for review." 8 C.F.R. § 1003.7.Once an order of removal from a 240-proceeding is administratively "final," it may be judicially reviewed. See 8 U.S.C. § 1252(b)(9) ; (Dkt.......
  • Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
    • United States
    • Executive Office For Immigration Review,Justice Department
    • Invalid date
    ...the sua sponte authority. Further, unlike certification requests made by DHS or an immigration judge, which require notice to the parties, 8 CFR 1003.7, the Board may certify a case without notice if it concludes that the parties have been given a fair opportunity to make representations be......
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10 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
    ...8 C.F.R. § 1003.39. An order also becomes final when the BIA "declines to accept a certified case for review." 8 C.F.R. § 1003.7. Once an order of removal from a 240-proceeding is administratively "final," it may be judicially reviewed. See 8 U.S.C. § 1252(b)(9); (Dkt. N......
  • State 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
    ...; 8 C.F.R. § 1003.39. An order also becomes final when the BIA "declines to accept a certified case for review." 8 C.F.R. § 1003.7.Once an order of removal from a 240-proceeding is administratively "final," it may be judicially reviewed. See 8 U.S.C. § 1252(b)(9) ; (Dkt.......
  • Islam v. Garland, 20-70493
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • December 23, 2021
    ...(9th Cir. 2001)). We therefore decline to review the agency's discretionary decisions to recertify the case under 8 C.F.R. §§ 1003.1(c) and 1003.7. See Idrees v. Barr, 923 F.3d 539, 542-43 & n.3 (9th Cir. 2019). Finally, this petition is not the appropriate vehicle for opposing removal ......
  • In re Peralta, Interim Decision #3789
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • August 1, 2013
    ...for the entry of a new decision. ---Notes: 1. The Immigration Judge certified the respondent's case to the Board. See 8 C.F.R. §§ 1003.1(c), 1003.7 (2012). However, given the subsequent appeal filed by the DHS, we decline to accept the certified case for review. Instead, we take jurisdictio......
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2 provisions

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