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

Cite as8 CFR 1003.2
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4712 practice notes
  • Immigration: Aliens; voluntary departure review,
    • United States
    • Federal Register November 30, 2007
    • 30 November 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 ......
  • Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...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......
  • Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status
    • United States
    • Federal Register December 19, 2016
    • 19 December 2016
    ...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......
  • Immigration: Criminal activity victims; ”U” nonimmigrant classification,
    • United States
    • Federal Register September 17, 2007
    • 17 September 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......
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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
    • 16 July 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)
    • 22 August 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)
    • 27 September 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)
    • 9 September 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
    • 16 June 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
    • 1 March 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
    • 1 April 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 ......
18 provisions
  • Immigration: Aliens; voluntary departure review,
    • United States
    • Federal Register November 30, 2007
    • 30 November 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 ......
  • Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status
    • United States
    • Federal Register December 19, 2016
    • 19 December 2016
    ...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......
  • Immigration: Criminal activity victims; ”U” nonimmigrant classification,
    • United States
    • Federal Register September 17, 2007
    • 17 September 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......
  • Immigration; removal orders; countries to which aliens may be removed,
    • United States
    • Federal Register January 05, 2005
    • 5 January 2005
    ...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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