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

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  • Interim Decision 4t1941

    Agency decision · Agency decision

    that the Service evidence established that each respondent is an alien illegally in the United States since he remained without authority after he was admitted as an alien crewman from foreign for a period … The term "reasonable distance," as used in section 287(a) (3) of the Act, means within 100 air miles from any external boundary of the United States or any shorter distance which may be fixed by the district

    Executive Office for Immigration Review
  • UNITED STATES DEPARTMENT OF JUSTICE

    Agency decision · Agency decision

    (INA), as amended by the Immigration Reform and Control Act of 1986, 8 U.S.C. § 1324a. … Mesa Air Group, 9 OCAHO no. 1106, 2 (2004).

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

    Federal Register · Proposed Rule · Nov 30, 2007

    Follow the instructions for submitting comments. … We also seek public comment on a related issue relating to inadmissibility under section 212(a)(9)(A) of the Act (8 U.S.C. 1182(a)(9)(A)).

    72 FR 67674Justice DepartmentExecutive Office for Immigration Review
  • Interim Decision 40725

    Agency decision · Agency decision

    The only additional comment required in this connection is that the portion of the court's opinion on which the Service seizes was concerned with the quite diverse question of whether the aliens were entitled … to make "transportation checks" within a "reasonable distance" (defined by 8 CFR 2872 as 100 air miles) from the external boundaries of the United States, and gives said officers access to private lands

    Executive Office for Immigration Review
  • Recognition of Organizations and Accreditation of Non-Attorney Representatives

    Federal Register · Proposed Rule · Oct 1, 2015

    of your comment. … See R&A Program Comments at 45, 57, 64; AILA Comments at 2.

    80 FR 59514Justice DepartmentExecutive Office for Immigration Review
  • Interim Decision #3083

    Agency decision · Agency decision

    attached an affidavit from the former owner of a LaFayette appliance company who avers that he knows the petitioner and his first wife because he used to service the appliances, plumbing, and heating and air … La. 1976), asserted that the relatively short period of time between the petitioner's acquisition of lawful permanent resident status and his divorce from his first wife indicated a fraudulent intent.

    Executive Office for Immigration Review
  • Interim Decision #3262

    Agency decision · Agency decision

    It is true that the United States Court of Appeals for the Ninth Circuit has held that the period of lawful temporary residence may count toward the period of lawful unrelinquished domicile required under … As I stated in my recent dissent in Matter of Yeung, supra, were we writing on a clean slate in a case in which the respondent had first asserted eligibility for the waiver in question during an exclusion

    Executive Office for Immigration Review
  • Cite as 25 I&N Dec. 535 (BIA 2011)

    Agency decision · Agency decision

    that term is defined under the Act, at the time of the original registration period, in this case, between March 9, 2001, and September 9, 2002. … The comment period brought several changes to the interim rule, including (1) an extension of the grace period (after termination of a valid status) within which an alien could file for late registration

    Executive Office for Immigration Review
  • Professional Conduct for Practitioners-Rules and Procedures, and Representation and Appearances

    Federal Register · Rule · Sep 14, 2022

    No comments were received during that comment period. … No comments were received regarding those forms during that comment period.

    87 FR 56247Justice DepartmentExecutive Office for Immigration Review
  • Organization of the Executive Office for Immigration Review

    Federal Register · Rule · Nov 3, 2020

    Summary of Public Comments The comment period associated with the IFR closed on October 25, 2019, with 193 comments received on the IFR. 1 Individual or anonymous commenters submitted 118 comments … Notice-and-Comment Requirements Comment: Many commenters raised concerns that the IFR violated the Administrative Procedure Act (“APA”) by failing to provide a prior notice-and-comment period.

    85 FR 69465Justice DepartmentExecutive Office for Immigration Review
  • Cite as 25 I&N Dec. 193 (BIA 2010)

    Agency decision · Agency decision

    The “reasonable period” language was initially adopted based on public comment regarding prior proposed interim regulations that would have required an alien relying on “extraordinary circumstances” to … Further, a more general explanation, not focused on aliens possessing a valid status, is provided regarding a “reasonable period” following changed or extraordinary circumstances: Certain commenters appeared

    Executive Office for Immigration Review
  • Reorganization of Regulations on the Adjudication of Department of Homeland Security Practitioner Disciplinary Cases

    Federal Register · Rule · Apr 26, 2013

    The Department provided an opportunity for post-promulgation comment even though this is a rule of internal organization for which a period of public comment is not required by statute. … The comment period ended February 13, 2012. The Department did not receive any comments.

    78 FR 24669Justice DepartmentExecutive Office for Immigration Review
  • Interim Decision #3356

    Agency decision · Agency decision

    Section 242B(c)(3)(B) of the Act. … Violations of procedural due process generally “call for the prophylactic remedy of vacating the order of deportation and for writing thereafter on a clean slate.” Castaneda-Delgado v.

    Executive Office for Immigration Review
  • Procedures for Asylum and Withholding of Removal

    Federal Register · Proposed Rule · Sep 23, 2020

    of your comment. … Implementing regulations clarify that the “time period[] within which . . . the asylum application must be adjudicated pursuant to section 208(d)(5)(A)(iii) of the Act shall begin when the alien has filed

    85 FR 59692Justice DepartmentExecutive Office for Immigration Review
  • List of Pro Bono Legal Service Providers for Aliens in Immigration Proceedings

    Federal Register · Proposed Rule · Sep 17, 2014

    of your comment. … While the List already comprises well over 100 providers, the allotted time periods should be sufficient for these providers to reapply and be subject to the 15-day notice and comment period under § 1003.63

    79 FR 55662Justice DepartmentExecutive Office for Immigration Review
  • Motions To Reopen Removal, Deportation, or Exclusion Proceedings Based Upon a Claim of Ineffective Assistance of Counsel

    Federal Register · Proposed Rule · Jul 28, 2016

    Commenters should be aware that the electronic Federal Docket Management System will not accept comments after midnight Eastern Time on the last day of the comment period. … (FDMS), which receives electronic comments, terminates the public's ability to submit comments at midnight on the day the comment period closes.

    81 FR 49556Justice DepartmentExecutive Office for Immigration Review
  • Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers

    Federal Register · Rule · Mar 29, 2022

    Comments received during the 60-day comment period are organized by topic below. … period.”

    87 FR 18078Homeland Security DepartmentJustice Department
  • Procedures Further Implementing the Annual Limitation on Suspension of Deportation and Cancellation of Removal

    Federal Register · Rule · Dec 5, 2017

    The comment period ended on January 30, 2017. The Department received four comments. For the reasons set forth below, the proposed rule is adopted without change. II. … The comment period ended on January 30, 2017. The Department received four comments.

    82 FR 57336Justice DepartmentExecutive Office for Immigration Review
  • UNITED STATES DEPARTMENT OF JUSTICE

    Agency decision · Agency decision

    For national origin, the relevant period is “each working day in each of twenty or more calendar weeks preceding the year the alleged discriminatory act occurred.” Zajradhara v. … The relevant period for a claim based on national origin, then, is calendar years 2022 and 2023.

    Executive Office for Immigration Review
  • Interim Decision #3352

    Agency decision · Agency decision

    In response to proposed motions regulations, commenters argued that a 90-day period was insufficient time for aliens to present new evidence, avail themselves of changes in law, or seek additional forms … The Immigration Act of 1990 states that “the Attorney General shall issue regulations with respect to * * * the period of time in which motions to reopen and to reconsider may be offered in deportation

    Executive Office for Immigration Review

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