8 CFR 1003.23 - Reopening or reconsideration before the Immigration Court

Cite as8 CFR 1003.23
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1043 practice notes
  • Immigration: Aliens; voluntary departure review,
    • United States
    • Federal Register November 30, 2007
    • 30 Noviembre 2007
    ...the alien's departure from the United States has the effect of automatically withdrawing the alien's motion. 8 CFR 1003.2(d); see also 8 CFR 1003.23(b)(1) (similar rule for departure after filing a post-decision motion with the immigration \3\ We note that two courts of appeals have reached......
  • Motions To Reopen Removal, Deportation, or Exclusion Proceedings Based Upon a Claim of Ineffective Assistance of Counsel
    • United States
    • Federal Register July 28, 2016
    • 28 Julio 2016
    ...be supported by affidavits or other evidentiary material.''). The Act's implementing regulations elaborate on these requirements. See 8 CFR 1003.23(b)(3) (``A motion to reopen will not be granted unless the Immigration Judge is satisfied that evidence sought to be offered is material and wa......
  • Executive Office for Immigration Review; Fee Review
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...the costs and time to process any non-fee-based application that is submitted in conjunction with a motion to reopen or reconsider. See 8 CFR 1003.23(b)(3) (``Any motion to reopen for the purpose of acting on an application for relief must be accompanied by the appropriate application for r......
  • Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
    • United States
    • Executive Office For Immigration Review,Homeland Security Department
    • Invalid date
    ...current requirements for motions to reopen that preclude the raising of claims that could have been brought in a prior proceeding. See 8 CFR 1003.23(b)(3) (``A motion to reopen for the purpose of providing the alien an opportunity to apply for any form of discretionary relief will not be gr......
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1042 cases
  • Garcia–Carias v. Holder, No. 11–60550.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 27 Septiembre 2012
    ...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, MA, Jessica Ellen C......
  • Medina-Morales v. Ashcroft, No. 02-73924.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 7 Abril 2004
    ...broad discretion to grant or deny motions to reopen. See INS v. Doherty, 502 U.S. 314, 323, 112 S.Ct. 719, 116 L.Ed.2d 823 (1992); 8 C.F.R. § 1003.23(b)(3).2 Likewise, "[t]he first step in adjudicating a petition for adjustment of status[under 8 U.S.C. § 1255] is the nondiscretionary determ......
  • Sheikh v. United States Dep't Of Homeland Sec., No. CV 09-5330 SVW (RCx).
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • 15 Diciembre 2009
    ...again failed to appear, and the immigration judge denied the motion to reopen the proceedings. Id. The court found that under 8 C.F.R. § 1003.23(b)(3), the Attorney General had broad discretion to grant or deny motions to reopen. Id. at 525. However, no "statute gives the Attorney General s......
  • Gonzalez-Alarcon v. Macias, No. 16-2263
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 19 Marzo 2018
    ...at any time after the reentry.§ 1231(a)(5). Gonzalez–Alarcon also points out other potential regulatory obstacles to relief. See 8 C.F.R. § 1003.23(b)(1) (setting a ninety-day deadline for motions to reopen and prohibiting such motions from individuals who previously departed the United Sta......
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