8 CFR 1003.16 - Representation
| Cite as | 8 CFR 1003.16 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
21 practice notes
-
Motions To Reopen Removal, Deportation, or Exclusion Proceedings Based Upon a Claim of Ineffective Assistance of Counsel
...that individuals in proceedings be advised of the availability of pro bono legal services and receive a list of such services. See 8 CFR 1003.16, 1003.61, However, this proposed rule would recognize that, sometimes, a person who is not an attorney or accredited representative may lead an in......
-
Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers
...by an attorney or other representative authorized to appear before the immigration court, at no cost to the Government, see 8 CFR 1003.16(b); (2) to seek a change 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 provi......
-
Executive Office for Immigration Review; Fee Review
...the signature requirement and income documentation. See 8 CFR 1003.8(a)(3), 1003.24(d), 1103.7(c); see generally 8 CFR part 1292; 8 CFR 1003.16(b). 5. Concerns With Fee Increases for Filing Appeals With the Comment: Commenters' primary concerns regarding the proposed fee ($975) for appeals ......
-
In re M-D-C-V, Interim Decision #3989
...of their choice, at no expense to the Government. See sections 240(b)(4)(A), 292 of the Act, 8 U.S.C. §§ 1229a(b)(4)(A), 1362 (2018); 8 C.F.R. §§ 1003.16(b), 1240.3, 1240.11(c)(1)(iii) (2020). While many aliens may, as a general matter, face practical impediments to obtaining counsel, inclu......
Request a trial to view additional results
15 cases
-
In re M-D-C-V, Interim Decision #3989
...of their choice, at no expense to the Government. See sections 240(b)(4)(A), 292 of the Act, 8 U.S.C. §§ 1229a(b)(4)(A), 1362 (2018); 8 C.F.R. §§ 1003.16(b), 1240.3, 1240.11(c)(1)(iii) (2020). While many aliens may, as a general matter, face practical impediments to obtaining counsel, inclu......
-
Stevens v. U.S. Attorney Gen., No. 16-12007
...and by precedent established by the federal appellate courts. Parties to an immigration hearing may be represented by counsel, 8 C.F.R. § 1003.16, may present documentary evidence and witness testimony, 8 C.F.R. §§ 1003.31, 1003.34, 1003.35, and are entitled to written notice of the Immigra......
-
Matter of Compean, Interim Decision No. 3632.
...merely permit an alien to hire "such counsel" as "he shall choose," section 292 of the Act; accord section 240(b)(4)(A) of the Act; 8 C.F.R. § 1003.16(b) (2008); they give an alien "no right to complain," much less reopen his proceedings, "if the lawyer he hires is ineffective." Stroe, 256 ......
-
Carranza v. U.S. Immigration, No. 2:20-CV-424 KG/KRS
...of counsel contrary to the Fifth Amendment Due Process Clause, 8 U.S.C. §§ 1362 and 1229a(b)(4)(A), 5 U.S.C. § 555(b), and 8 C.F.R. §§ 1003.16(b) and 1292.5(b);2. Violation of their right to full and fair hearings contrary to the Fifth Amendment Due Process Clause and 8 U.S.C. §§ 1229a(b)(4......
Request a trial to view additional results
2 books & journal articles
-
So, What Should I Ask Him to Prove that He's Gay?': How Sincerity, and Not Stereotype, Should Dictate the Outcome of an LGB Asylum Claim in the United States
...Brennan, A View from the Immigration Bench , 78 FORDHAM L. REV. 623, 624 (2009). 71. INA § 292, 8 U.S.C. § 1229a(b)(4)(A) (2012), 8 C.F.R. § 1003.16(b) (2016). 72 . But see 8 C.F.R. § 1003.61(b) (obligating the Immigration Court to maintain and provide to respondents a list of “organization......
-
Legal Authority and Agency Enforcement
...107-296, §§ 441(2), 451(b), 116 Stat. 2192, 2196 (codiied at 6 U.S.C. 251(2), 271(b)) (Nov. 25, 2002). 14. Id. 15. 6 U.S.C. § 252(c); 8 C.F.R. § 1003.16(a). 16. ICE, Identity and Beneit Fraud (Feb. 28, 2018), https://www.ice.gov/identity- beneit- fraud. 17. See § 4 Immigration Compliance an......