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Briefs, oral arguments, agency decisions and the Federal Register.

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  • Interim Decision #3209

    Agency decision · Agency decision

    The applicant explained that he also performed various duties at a local Sikh temple, including distributing food, making repairs, and cleaning. … The applicant recounted the militants' warning that they would return periodically and that he should not report their presence to the authorities.

    Executive Office for Immigration Review
  • Procedures for Asylum and Bars to Asylum Eligibility

    Federal Register · Rule · Oct 21, 2020

    a 30-day comment period was insufficient. … Cir. 1996) (15-day comment period); Northwest Airlines, Inc. v. Goldschmidt, 645 F.2d 1309, 1321 (8th Cir. 1981) (7-day comment period).

    85 FR 67202Homeland Security DepartmentJustice Department
  • Interim Decision #2272

    Agency decision · Agency decision

    INS, 445 F2d 217 (D.C. air., 1971), cert. den. 404 U.S. 864 (1971). … Nationality Act.

    Executive Office for Immigration Review
  • UNITED STATES DEPARTMENT OF JUSTICE

    Agency decision · Agency decision

    Dep’t of the Air Force, 109 F.3d 1475, 1480 (9th Cir. 1997)). Even a “sparing” charge can pass exhaustion muster when construed “with utmost liberality.” Id. … claims related to those acts.

    Executive Office for Immigration Review
  • Interim Decision #1286

    Agency decision · Agency decision

    CHARGE: Order: Act of 1952—Section 241(a) (2) [8 U.S.C. 1251(a) (2)1—Entry as nonimmigrant, remained longer. … When respondent was about to depart, the authorities told him he would be able to travel to France and gave him a ticket for air transportation to that country.

    Executive Office for Immigration Review
  • Cite as 23 I&N Dec. 270 (A.G. 2002)

    Agency decision · Agency decision

    See Iran Air v. Kugelman, 996 F.2d 1253, 1260 (D.C. Cir. 1993) (administrative judges “are entirely subject to the agency on matters of law”). … During a period in which both K-C- and A-G- were temporarily incarcerated at the same facility, K-C- allegedly delivered a message to A-Gthat he would be killed if he returned to Jamaica.

    Executive Office for Immigration Review
  • Interim Decision #2614

    Agency decision · Agency decision

    Two of the Chinese had worked for Air America. All these applicants had been in Vietnam prior to evacuation for periods ranging from five years to nine years and six months. … See section 236 of the Act.

    Executive Office for Immigration Review
  • UNITED STATES DEPARTMENT OF JUSTICE

    Agency decision · Agency decision

    Cleaning Servs. of Long Island Ltd., 13 OCAHO no. 1314, 3 (2018) (emphasis in original); see also United States v. Frio Cnty. Partners, Inc., 12 OCAHO no. 1276, 16 (2016). … Here, there is no qualifying evidence of bad faith; however, the absence of bad faith does not result in de facto conclusion that a respondent has acted in good faith.

    Executive Office for Immigration Review
  • Voluntary Departure: Effect of a Motion To Reopen or Reconsider or a Petition for Review

    Federal Register · Rule · Dec 18, 2008

    The comment period ended on January 29, 2008. … One comment was submitted in response to this request. This comment suggests that the recommendation in the proposed rule regarding section 212(a)(9)(A) of the Act be adopted.

    73 FR 76927Justice DepartmentExecutive Office for Immigration Review
  • Interim Decision #1811

    Agency decision · Agency decision

    In 1953, at the age of 19, respondent enlisted in the United States Air Force; he served, pursuant to this and two -subsequent enlistments, for a period of ten years, until his discharge under honorable … Had the respondent made an independent admission of commission of a crime, or of the acts constituting the essential elements of a crime, there would be scope for ascertaining what specific acts were admitted

    Executive Office for Immigration Review
  • Interim Decision #1515

    Agency decision · Agency decision

    While it is true that section 219 of the Immigration and Nationality Act, as amended, does not require an applicant for relief to establish good moral character for any specified period of time, nevertheless … an aggregate period of one hundred and eighty daysor more, regardless of whether the offense, or Offenses, for which he had been confined were committed within or withdut such period.'

    Executive Office for Immigration Review
  • Interim Decision *no

    Agency decision · Agency decision

    He was served on November 23, 1945, but did not file exceptions within the specified period. … As we have previously held : We are not permitted to go behind the record to determine just what trans. aired. Ifvlitts v. UM. 203 Fed. 152 (S.D.. N.Y.. 1918).

    Executive Office for Immigration Review
  • Appellate Procedures for the Board of Immigration Appeals; Extension of Comment Period

    Federal Register · Rule · Feb 27, 2026

    ACTION: Interim final rule; extension of comment period. … As explained in the IFR, it is exempt from the Administrative Procedure Act's notice-and-comment requirements. See 91 FR 5274-75.

    91 FR 9705Justice DepartmentExecutive Office for Immigration Review
  • Recognition of Organizations and Accreditation of Non-Attorney Representatives

    Federal Register · Rule · Dec 19, 2016

    Notice and Comment VI. Regulatory Requirements A. Regulatory Flexibility Act B. Unfunded Mandates Reform Act of 1995 C. Small Business Regulatory Enforcement Fairness Act of 1996 D. … Notice and Comment The revisions to the proposed rule do not require a new notice-and-comment period.

    81 FR 92346Justice DepartmentExecutive Office for Immigration Review
  • Executive Office for Immigration Review Electronic Case Access and Filing

    Federal Register · Rule · Dec 13, 2021

    Comment Period Comment: Commenters raised concerns with the rule's 30-day comment period, stating that the comment period was too short in light of the holiday season, the COVID-19 pandemic, and EOIR's … The Administrative Procedure Act (“APA”) does not require a specific comment period length. See generally 5 U.S.C. 553(b)-(c).

    86 FR 70708Justice DepartmentExecutive Office for Immigration Review
  • Cite as 29 I&N Dec. 491 (AAO 2026)

    Agency decision · Agency decision

    See section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101(a)(15)(H)(i)(b) (2024). … See, e.g., Matter of Air India “Flight No. 101,” 21 I&N Dec. 890, 892 (BIA 1997) (remanding a fine proceeding when the officer did not state specific reasons for the determination).

    Executive Office for Immigration Review
  • UNITED STATES DEPARTMENT OF JUSTICE

    Agency decision · Agency decision

    INTRODUCTION This case arises under the antidiscrimination provisions of the Immigration and Nationality Act (INA), as amended, 8 U.S.C. § 1324b. … Mesa Air Grp., 9 OCAHO no. 1106, 3 (2004). Here the delay is not likely to result in such prejudicial results.

    Executive Office for Immigration Review
  • Interim Decision #2831

    Agency decision · Agency decision

    Section 243(h) of the Act; as amended by section 203(e) of the Refugee Act of 1980. … Aired, supra, at 482.

    Executive Office for Immigration Review
  • Security Bars and Processing; Delay of Effective Date

    Federal Register · Rule · Dec 27, 2024

    With respect to commenters' statements that the Departments should have had sufficient time to issue a rule during the most recent delay period, the Departments acknowledge that in the December 2022 Delay … Bankers Ass'n, 575 U.S. 92, 96 (2015) (“An agency must consider and respond to significant comments received during the period for public comment.”).

    89 FR 105386Homeland Security DepartmentJustice Department
  • List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings

    Federal Register · Rule · Oct 1, 2015

    The comment period ended November 17, 2014. The Department received seven comments. … Notice-and-Comment Requirements The revisions to the proposed rule do not require a new notice-and-comment period.

    80 FR 59503Justice DepartmentExecutive Office for Immigration Review

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