8 CFR 241.8 - Reinstatement of removal orders

Cite as8 CFR 241.8
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281 practice notes
  • Nonimmigrants; removal orders, countries to which aliens may be removed,
    • United States
    • Federal Register July 19, 2004
    • July 19, 2004
    ...while under an order of exclusion, deportation, or removal may be removed from the United States by reinstating the prior order. See 8 CFR 241.8. The alien has no right to a hearing before an immigration judge in such circumstances, except as provided in 8 CFR Section 1241.14 is amended by ......
  • Expansion of Provisional Unlawful Presence Waivers of Inadmissibility
    • United States
    • Federal Register July 29, 2016
    • July 29, 2016
    ...waivers if 1) they have returned unlawfully to the United States after removal, and 2) CBP or ICE, after service of notice under 8 CFR 241.8, has reinstated a prior order of removal, deportation, or exclusion. Under INA section 241(a)(5), 8 U.S.C. 1231(a)(5), reinstatement of a such an orde......
  • Immigration; removal orders; countries to which aliens may be removed,
    • United States
    • Federal Register January 05, 2005
    • January 5, 2005
    ...``may'' should be changed to ``shall'' in order to more accurately reflect the existing requirement in the cross-referenced section at 8 CFR 241.8. However, the Department of Justice has decided to defer making any revisions to section 1241.8, pending further consideration, and accordingly ......
  • Fernandez-Vargas v. Gonzales, No. 04–1376.
    • United States
    • United States Supreme Court
    • June 22, 2006
    ...country because of the alien's race, religion, nationality, membership in a particular social group, or political opinion”), or under 8 CFR §§ 241.8(e) and 208.31 (2006) (raising the possibility of asylum to aliens whose removal order has been reinstated under INA § 241(a)(5)). 5. Two Court......
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276 cases
  • Fernandez-Vargas v. Gonzales, No. 04–1376.
    • United States
    • United States Supreme Court
    • June 22, 2006
    ...country because of the alien's race, religion, nationality, membership in a particular social group, or political opinion”), or under 8 CFR §§ 241.8(e) and 208.31 (2006) (raising the possibility of asylum to aliens whose removal order has been reinstated under INA § 241(a)(5)). 5. Two Court......
  • 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
    ...in fact, review "the lawfulness of the reinstatement order" because a reinstatement of a previous order "is a final order" of DHS); 8 C.F.R. § 241.8(c) ("If the requirements of paragraph (a) of this section are met, the alien shall be removed under the previous order of exclusion, deportati......
  • Gonzalez-Alarcon v. Macias, No. 16-2263
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • March 19, 2018
    ...voluntarily while under an order of exclusion, deportation, or removal"; and (3) "the alien unlawfully reentered the United States." 8 C.F.R. § 241.8(a). One subject to reinstatement "has no right to a hearing before an immigration judge." Id. Removal orders may be challenged only by way of......
  • Cazun v. Attorney Gen. U.S., No. 15-3374
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • May 2, 2017
    ...by promulgating regulations that established expedited removal proceedings for illegal reentrants subject to a prior removal order, 8 C.F.R. § 241.8(a), (c), and precluded those aliens from filing asylum applications, id. § 208.31(e) (allowing reasonable fear proceedings "for full considera......
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