Documents

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

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  • Good Cause for a Continuance in Immigration Proceedings

    Federal Register · Proposed Rule · Nov 27, 2020

    of your comment. … U.S.C. 1229a] if the time period described in paragraph (1) [ i.e.

    85 FR 75925Justice DepartmentExecutive Office for Immigration Review
  • Interim Decision #3386

    Agency decision · Agency decision

    This is a significant period of time; it signals Congress’ intent to treat alien smuggling as a serious crime. … She was shut in that dark, confined space with no idea of how long she would have to stay there without fresh air, water, or food.

    Executive Office for Immigration Review
  • Interim Decision #1361

    Agency decision · Agency decision

    The witness commented that the translation had changed the word order of the Spanish (p. 60).L The Service conducted an. investigation to determine the meaning of this section. … We do not believe that applicant comes within section 350 of the Act.

    Executive Office for Immigration Review
  • Interim Decision #1982

    Agency decision · Agency decision

    Where, as here, there has been the creation of a household and the support of the concubine and her children, and the maintenance of such a relationship over a period of time, we believe the courts of … Comments on the Report of 'the Committee on Chinese Law and Custom in Hong Kong, p. 9 (Hong Kong 1953). Dr.

    Executive Office for Immigration Review
  • Interim Decision #2232

    Agency decision · Agency decision

    The immigration judge found the respondent deportable under section 241(a)(9) of the Immigration and Nationality Act. … In that case we commented on Matter of C — , supra, to emphasize that respondent C's studies had not been meaningfully interrupted as a result of 1 While we do not rely on any facts asserted in the Service

    Executive Office for Immigration Review
  • Interim Decision #1237

    Agency decision · Agency decision

    Section 101(f) (2) of the Act (8 U.S.C. 1101(f) (2) ) provides that no person shall be found to be a person. of good moral character who during the period for which good moral character must be established … The courts' comments concerning adultery are dicta.

    Executive Office for Immigration Review
  • Interim Decision #3303

    Agency decision · Agency decision

    Section 242(b) of the Act, 8 U.S.C. § 1252(b)(1994) (emphasis added); see also section 236 of the Act, 8 U.S.C. § 1226 (1994). … The federal courts have not been shy in recognizing the often unsupportable subjective and conjectural conclusions periodically drawn by adjudicators.

    Executive Office for Immigration Review
  • Clarification Regarding Bars to Eligibility During Credible Fear and Reasonable Fear Review

    Federal Register · Rule · Dec 27, 2024

    of your comment. … Administrative Procedure Act The Administrative Procedure Act (“APA”) generally requires agencies to publish notice of a proposed rulemaking in the Federal Register and allow for a period of public

    89 FR 105392Justice DepartmentExecutive Office for Immigration Review
  • In DEPORTATION Proceedings

    Agency decision · Agency decision

    Moreover, a Congressional comment appears to envision the existence of a sentence to confinement to make an alien deportable. … The existing sentence which must be recognized by this Board is the one to probation for a period of ten months.

    Executive Office for Immigration Review
  • In DEPORTATION Proceedings

    Agency decision · Agency decision

    CHARGE: Warrant: Act of 1952—Section 241(a) (6) [8 U.S.C. 1251(a) (6)1—After entry, member of Communist Party of United States. … The period of the association covered by this record runs from about 1926 to 1947.

    Executive Office for Immigration Review
  • Interim Decision #2252

    Agency decision · Agency decision

    In our view, it was inappropriate to admit these comments into evidence. … We have given the comments no consideration in reaching our decision.

    Executive Office for Immigration Review
  • Interim Decision #2733

    Agency decision · Agency decision

    We will, however, add a further comment regarding our finding in Anwo that the legislative history of section 212(c) supported the Board's interpretation of that section in view of the Second Circuit's … The Seventh Proviso of section 3 of the 1917 Immigration Act was the predecessor to section 212(c) of the 1952 Act.

    Executive Office for Immigration Review
  • Interim Decision #1843

    Agency decision · Agency decision

    public accountancy work in the United Kingdom; and (4) an acknowledgment of assist649 Interim Decision 4t1843 ance by the applicant in the preface of a textbook for providing "reader reaction" with comments … During this time he received acknowledgment in a textbook preface in a manual of tax practices for his comments and suggestions in connection with the writing of such book During this period he was admitted

    Executive Office for Immigration Review
  • In DEPORTATION Proceedings

    Agency decision · Agency decision

    In commenting on subsection 4 of section 241 of the Immigration Act, the report from the Committee on the Judiciary submitted with the bill, S-2550, states that this a uction involves aliens who, within … The alien had been sentenced to imprisonment, sentence suspended, placed on probation, and after the probationary period had passed, sentence was revoked and the case was placed "on file."

    Executive Office for Immigration Review
  • Interim Decision #3367

    Agency decision · Agency decision

    The Immigration Judge also commented that motions to reopen that serve dilatory purposes are disfavored and noted that the respondents were granted a generous period of voluntary departure for the express … See 8 C.F.R. § 292.3(a)(15)(i) (1998); see also section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (Supp. II 1996).

    Executive Office for Immigration Review
  • Cite as 23 I&N Dec. 849

    Agency decision · Agency decision

    On June 3, 2003, the Superior Court accommodated the respondent’s request and, without comment, reduced his period of probationary detention from 365 days to 240 days, nunc pro tunc to December 20, 2001 … Section 101(a)(48)(B) of the Act provides as follows: Any reference to a term of imprisonment of a sentence with respect to an offense is deemed to include the period of incarceration or confinement ordered

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

    Federal Register · Rule · Dec 28, 2021

    Administrative Procedure Act Under the Administrative Procedure Act (“APA”), agencies are not required to engage in pre-promulgation notice-and-comment under 5 U.S.C. 553(b) and (c) when an agency “ … Cir. 2015) (explaining that the good cause exception applied because “commentators could not have said anything during a notice and comment period that would have changed” the agency's response to a judicial

    86 FR 73615Homeland Security DepartmentJustice Department
  • Cite as 25 I&N Dec. 246 (BIA 2010)

    Agency decision · Agency decision

    of such motions that may be filed and a maximum time period for the filing of such motions . . . . … the Attorney General to promulgate regulations specifying the maximum time period for the filing of those motions, hinting that a 20-day period would be appropriate. 4 Although the legislative history

    Executive Office for Immigration Review
  • UNITED STATES DEPARTMENT OF JUSTICE

    Agency decision · Agency decision

    The five-year period runs from the moment when the action accrued. Id. The action begins to accrue depending on which section of the Form I-9 was not completed in a timely manner. Id. at 11-12. … Cleaning Servs. of Long Island Ltd., 13 OCAHO no. 1314, 3 (2018) (emphasis in original); see also United States v. Frio Cnty.

    Executive Office for Immigration Review
  • Interim Decision #1827

    Agency decision · Agency decision

    He has remained in the United States since the expiration of the temporary period of his admission without authority. … No further comment in this respect is required. ORDER: It is ordered that the appeal be dismissed. 575

    Executive Office for Immigration Review

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