8 CFR 1241.8 - Reinstatement of removal orders

Cite as8 CFR 1241.8
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32 practice notes
  • Immigration; removal orders; countries to which aliens may be removed,
    • United States
    • Federal Register January 05, 2005
    • January 5, 2005
    ...may reopen the case sua sponte, 8 CFR 1003.2(a), 1003.23(b)(1). One commenter addressed a portion of the Justice regulation relating to 8 CFR 1241.8, suggesting that the word ``may'' should be changed to ``shall'' in order to more accurately reflect the existing requirement in the cross-ref......
  • Yuen Jin v. Mukasey
    • United States
    • U.S. Court of Appeals — Second Circuit
    • August 15, 2008
    ...of removal and is not required to present evidence of changed country conditions to support a determination of reasonable fear. See 8 C.F.R. § 1241.8(e); id. § 1208.31. Under the BIA's rulings, however, the former class may not reopen proceedings or submit a new asylum application without s......
  • Jimenez v. Cronen, C.A. No. 18–10225–MLW
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • June 11, 2018
    ...the Hartford, Connecticut CIS office. Id. ¶ 31. The same day, ICE reinstated Junqueira's removal order under 8 U.S.C. § 1231(a)(5) and 8 C.F.R. § 1241.8. See Resp. Apr. 6, 2018 Memo., Ex. 3. Before the interview began, ICE arrested Junqueira. Amended Petition 532. On May 8, 2018, he was sti......
  • Garcia v. Sessions, Nos. 15-2571
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • May 3, 2017
    ...further provides that such an alien "has no right to a hearing before an immigration judge in such circumstances." Id. ; see also 8 C.F.R. § 1241.8(a).Subsection (e) of that regulation, however, then creates an "[e]xception." It provides that an alien who "expresses a fear of returning to t......
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31 cases
  • Yuen Jin v. Mukasey
    • United States
    • U.S. Court of Appeals — Second Circuit
    • August 15, 2008
    ...of removal and is not required to present evidence of changed country conditions to support a determination of reasonable fear. See 8 C.F.R. § 1241.8(e); id. § 1208.31. Under the BIA's rulings, however, the former class may not reopen proceedings or submit a new asylum application without s......
  • Jimenez v. Cronen, C.A. No. 18–10225–MLW
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • June 11, 2018
    ...the Hartford, Connecticut CIS office. Id. ¶ 31. The same day, ICE reinstated Junqueira's removal order under 8 U.S.C. § 1231(a)(5) and 8 C.F.R. § 1241.8. See Resp. Apr. 6, 2018 Memo., Ex. 3. Before the interview began, ICE arrested Junqueira. Amended Petition 532. On May 8, 2018, he was sti......
  • Garcia v. Sessions, Nos. 15-2571
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • May 3, 2017
    ...provides that such an alien "has no right to a hearing before an immigration judge in such circumstances." Id. ; see also 8 C.F.R. § 1241.8(a).Subsection (e) of that regulation, however, then creates an "[e]xception." It provides that an alien who "expresses a fear ......
  • Iraheta-Martinez v. Garland, 18-72692
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 7, 2021
    ...order "[i]f the Attorney General finds that an alien has reentered the United States illegally after having been removed"); 8 C.F.R. § 1241.8(a) ("An alien who illegally reenters the United States after having been removed, or having departed voluntarily, while under an order......
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