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Sua Sponte Motions to Reopen (MTRs) with the Board of Immigration Appeals (BIA)
8 CFR Section 1003.2(d) covers MTRs filed with the BIA whereas 8 CFR Section 1003.23(b)(1) covers MTRs filed with the IJ. Although these federal statutes are absent among those governing MTRs, a minority of circuit courts have interpreted the regulation to bar MTRs filed by noncitizens who have been removed or voluntarily depart from the…
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Asylum and Refugees
Matter of C-A-R-R-, 29 I&N Dec. (BIA 2025) 8 C.F.R. Section 1208.3(c)(3) Immigration Judges not required to consider merits of incomplete Form I-589 Application for Asylum and Withholding of Removal lacking declaration if pro per Respondent had prior opportunities to cure. The absence of a declaration, however, cannot be the sole basis of deeming the…
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Master Hearings
Contested/Noncontested Immigration Attorneys must file a notice of representation (Form EOIR-28) or “enter an appearance” before the Executive Office for Immigration Review (EOIR) or immigration court.
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Motions to Reopen
Myers v. Bondi, No. 23-3286 (8th Cir. 2025) 8 C.F.R. Sections 1003.2(c)(1), (b)(2) Eighth Circuit affirms BIA decision denying Respondent’s motion to reopen, rejecting his claims that he 1) derived U.S. citizenship at age 17 when his adoptive mother naturalized; 2) was incompetent to represent himself pro se at his immigration hearing due to years…
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Removal Defense
Cancellation of Removal Simantov v. Bondi, Case No. 24-60487 (5th Cir. 2025) INA Section 240A(b)(1) Fifth Circuit Court of Appeals upholds denial of cancellation of removal to Uzbekistani native and citizen of Israel where Respondent provided insufficient corroborating evidence of U.S. Citizen daughter’s alleged illness. INA Section 240A(b)(2) Although Respondent’s ex-wife bullied him and obtained…