8 CFR 1003.2 - Reopening or reconsideration before the Board of Immigration Appeals
| Cite as | 8 CFR 1003.2 |
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4712 practice notes
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Immigration:
Aliens; voluntary departure review,
...kind of motion, a motion to remand, can be filed only during the pendency of an appeal, but not after the issuance of a final order. 8 CFR 1003.2(c)(4) states, ``A motion to reopen a decision rendered by an Immigration Judge or [DHS] officer that is pending when an appeal is filed, or that ......
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Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers
...of venue, see id. Sec. 1003.20(b); and (3) to seek a continuance for good cause shown, see id. Sec. 1003.29. Moreover, the provisions of 8 CFR 1003.2 and 1003.23 governing motions to reopen and reconsider generally would be applicable to decisions rendered by IJs or the BIA in these proceed......
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Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status
...or the Board. ICE may agree, as a matter of discretion, to join such motion to overcome any applicable time and numerical limitations of 8 CFR 1003.2 and (10) Denial. Upon denial of an application, USCIS will notify the applicant in accordance with 8 CFR 103.3. USCIS may also notify any LEA......
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Immigration:
Criminal activity victims; U nonimmigrant classification,
...ICE counsel may agree, as a matter of discretion, to join such a motion to overcome any applicable time and numerical limitations of 8 CFR 1003.2 and 1003.23. Id. e. Aliens Seeking Change of Nonimmigrant Aliens who currently are in a nonimmigrant status may seek to change their classificati......
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4728 cases
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Shi Liang Lin v. U.S. Dept. of Justice, Docket No. 02-4611-ag.
...Just as a change in United States asylum law does not qualify as a "change in circumstances" sufficient to reopen an asylum case under 8 C.F.R. § 1003.2(c)(3)(ii) (permitting motion to reopen "based on changed circumstances arising in the country of nationality or in the country to which de......
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Conteh v. Gonzales, No. 05-1282.
...See 8 U.S.C. §§ 1182(h)(1)(B), 1255(a). The petitioner did not submit an application for either the waiver or the adjustment, see 8 C.F.R. § 1003.2(c)(1); did not allege that his Page 52 would be subject to extreme hardship if the removal order was executed against him, see 8 U.S.C. § 1182(......
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Garcia–Carias v. Holder, No. 11–60550.
...HOLDER, Jr., U.S. Attorney General, Respondent.No. 11–60550.United States Court of Appeals,Fifth Circuit.Sept. 27, 2012. Held Invalid8 C.F.R. §§ 1003.2(d), 1003.23(b)(1) [697 F.3d 259]Ronaldo Rauseo–Ricupero (argued), Maia Harris, Danielle Mairin McLaughlin, Nixon Peabody, L.L.P., Boston, M......
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Etemadi v. Garland, 18-72318
...Etemadi's motion to reopen on three grounds. First, it held that Etemadi had not submitted the required application for relief. See 8 C.F.R. § 1003.2(c)(1). Second, the BIA determined that any evidence of changed country conditions for Christians was irrelevant because he was found not to b......
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1 firm's commentaries
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Supreme Court Decides Mata v. Lynch
...removal order. 8 U.S.C. § 1229a(c)(7). The Board also has the authority to reopen the removal proceedings sua sponte at any time. 8 C.F.R. § 1003.2(a). An immigration judge ordered Noel Reyes Mata, a Mexican citizen, removed after Mata was convicted of assault in Texas. Mata’s attorney file......
2 books & journal articles
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Advancing Executive Branch Immigration Policy Through the Attorney General's Review Authority
...earlier noted.275Such considerations have been 268. See id. at 5–6. 269. Id. at 6–7. 270. Id. at 10–20. 271. Id. at 20–22; see also 8 C.F.R. § 1003.2(c)(1) (2015) (“[N]or shall any motion to reopen for the purpose of affording the alien an opportunity to apply for any form of discretionary ......
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Social Media and Online Persecution
...63, 67–68 (1st Cir. 2013); Xue Hui Zhang v. Mukasey, 303 F. App’x 9, 10 (2d Cir. 2008). See generally 8 U.S.C. § 1229a(c)(7)(C)(ii); 8 C.F.R. §§ 1003.2(c)(3), 1003.23(b)(4)(i) (2021) (motions to reopen proceedings based on changed country conditions). 85. See Almeda-Guzman, 788 F. App’x at ......
18 provisions
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Immigration:
Aliens; voluntary departure review,
...kind of motion, a motion to remand, can be filed only during the pendency of an appeal, but not after the issuance of a final order. 8 CFR 1003.2(c)(4) states, ``A motion to reopen a decision rendered by an Immigration Judge or [DHS] officer that is pending when an appeal is filed, or that ......
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Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status
...or the Board. ICE may agree, as a matter of discretion, to join such motion to overcome any applicable time and numerical limitations of 8 CFR 1003.2 and (10) Denial. Upon denial of an application, USCIS will notify the applicant in accordance with 8 CFR 103.3. USCIS may also notify any LEA......
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Immigration:
Criminal activity victims; U nonimmigrant classification,
...ICE counsel may agree, as a matter of discretion, to join such a motion to overcome any applicable time and numerical limitations of 8 CFR 1003.2 and 1003.23. Id. e. Aliens Seeking Change of Nonimmigrant Aliens who currently are in a nonimmigrant status may seek to change their classificati......
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Immigration; removal orders; countries to which aliens may be removed,
...In appropriate circumstances, DHS may agree to join motions to reopen that would otherwise be barred by time and number limitations. See 8 CFR 1003.2(c)(3)(iii), Modification of Certain Regulations Certain commenters suggested that existing regulations are not consistent with the approach t......
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