8 CFR 103.5 - Reopening or reconsideration

Cite as8 CFR 103.5
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249 cases
  • Diaz v. INS, No. Civ. S-83-436 LKK.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • September 26, 1986
    ...the applications that were denied, the government has represented that it will reconsider without court order those requests. See 8 C.F.R. § 103.5 (1986). In view of the government's position, an order granting the plaintiffs' request for mandatory relief is 14 Juan Jose Fuentes, Wai Hung Y......
  • Kompella v. United States Citizenship & Immigration Servs., CV-20-00190-PHX-DJH
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Arizona
    • August 31, 2021
    ...the regulations clearly state the effect a motion to reopen (versus a timely-filed appeal) has on the execution of a decision. 8 C.F.R. § 103.5(a)(1)(iv) states: Effect of motion or subsequent application or Unless the Service directs otherwise, the filing of a motion to reopen or reconside......
  • United States v. Villatoro-Ventura, No. CR18-4060-LTS
    • United States
    • U.S. District Court — Northern District of Iowa
    • September 12, 2018
    ...[330 F.Supp.3d 1130Aliens may file a motion to reopen or reconsider a prior order of removal prior to the reinstatement order. See 8 C.F.R. § 103.5 (regulations governing a motion to reopen). Finally, a reinstatement order can be challenged by collaterally attacking the reinstatement order ......
  • Harris v. Dep't of Homeland Sec., Case No. 13–61243–CIV.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • May 8, 2014
    ...Thus, the motion would be submitted to the same individual who denied Harris's N–600, not to the AAO or to any other entity. 8 C.F.R. § 103.5(a)(1)(ii). An appeal is also initially reviewed by the official who made the unfavorable decision. Id. § 103.3(a)(2)(ii). But if the reviewing offici......
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