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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…