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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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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…