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

Cite as8 CFR 1003.2
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4762 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......
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4728 cases
  • Shi Liang Lin v. U.S. Dept. of Justice, Docket No. 02-4611-ag.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • July 16, 2007
    ...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......
  • Conteh v. Gonzales, No. 05-1282.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • August 22, 2006
    ...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(......
  • Garcia–Carias v. Holder, No. 11–60550.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • September 27, 2012
    ...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......
  • Etemadi v. Garland, 18-72318
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 9, 2021
    ...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
  • 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 ......

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