8 CFR 1003.2 - Reopening or reconsideration before the Board of Immigration Appeals

Cite as8 CFR 1003.2
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
4811 practice notes
  • Immigration: Aliens; voluntary departure review,
    • United States
    • Federal Register November 30, 2007
    • November 30, 2007
    ...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 ......
  • Motions To Reopen Removal, Deportation, or Exclusion Proceedings Based Upon a Claim of Ineffective Assistance of Counsel
    • United States
    • Federal Register July 28, 2016
    • July 28, 2016
    ...sought to be offered is material and was not available and could not have been discovered or presented at the former hearing.''); 8 CFR 1003.2(c)(1) (``A motion to reopen proceedings shall not be granted unless it appears to the Board that evidence sought to be offered is material and was n......
  • Immigration: Criminal activity victims; ”U” nonimmigrant classification,
    • United States
    • Federal Register September 17, 2007
    • September 17, 2007
    ...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......
  • Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...in accordance with the standard procedures for such motions, i.e., compliance with the substantive requirements for such a motion at 8 CFR 1003.2(c). These prohibitions have three exceptions for new evidence: (1) The result of identity, law enforcement, or security investigations or examina......
  • Request a trial to view additional results
4670 cases
  • Mcallister v. Attorney General of U.S., No. 03-4513.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • April 10, 2006
    ...for relief under CAT. On August 3, 2004, the BIA denied their motion because it was not timely filed.3 See 8 U.S.C. § 1229a(c)(7)(C); 8 C.F.R. § 1003.2(c)(2). On September 16, 2004, Nicola and Sean filed a petition for review of the BIA's III. Jurisdiction A. Malachy We have jurisdiction to......
  • Zamora-Mallari v. Mukasey, No. 06-3717.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • January 24, 2008
    ...to grant or deny a motion to reopen is a discretionary decision, even if the alien demonstrates that he is entitled to relief. See 8 C.F.R. § 1003.2(a). In this case, the Board denied Ibarra's motion to reopen, finding that Ibarra should have presented his request for adjustment of status m......
  • Dada v. Mukasey, No. 06–1181.
    • United States
    • United States Supreme Court
    • June 16, 2008
    ...§ 1229c(d)(1) (2000 ed., Supp. V). Pursuant to regulation, however, departure has the effect of withdrawing the motion to reopen. See 8 CFR § 1003.2(d) (2007). [128 S.Ct. 2311] Without some means, consistent with the Act, to reconcile the two commands—one directing voluntary departure and t......
  • Yuen Jin v. Mukasey
    • United States
    • U.S. Court of Appeals — Second Circuit
    • August 15, 2008
    ...based only on changed personal circumstances must also file a motion to reopen based on changed country conditions pursuant to 8 C.F.R. § 1003.2(c)(3)(ii), when the ninety-day deadline has passed for such a motion. Petitioners Yuen Jin, Shan Hu Zheng, Jiao Fang Chen, and Hua Zeng, all Chine......
  • Request a trial to view additional results
1 firm's commentaries
  • Supreme Court Decides Mata v. Lynch
    • United States
    • JD Supra United States
    • June 16, 2015
    ...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
  • Advancing Executive Branch Immigration Policy Through the Attorney General's Review Authority
    • United States
    • Iowa Law Review Nbr. 101-3, March 2016
    • March 1, 2016
    ...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 ......
  • Social Media and Online Persecution
    • United States
    • Georgetown Immigration Law Journal Nbr. 35-3, April 2021
    • April 1, 2021
    ...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 ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT