8 CFR 1003.2 - Reopening or reconsideration before the Board of Immigration Appeals
| Cite as | 8 CFR 1003.2 |
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4811 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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Motions To Reopen Removal, Deportation, or Exclusion Proceedings Based Upon a Claim of Ineffective Assistance of Counsel
...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......
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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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Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
...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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4670 cases
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Mcallister v. Attorney General of U.S., No. 03-4513.
...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......
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Zamora-Mallari v. Mukasey, No. 06-3717.
...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......
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Dada v. Mukasey, No. 06–1181.
...§ 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......
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Yuen Jin v. Mukasey
...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......
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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 ......