Category Archives: Motions to Reopen

Bachynskyy v. Holder. 7th Cir. -IJ Warnings regarding voluntary departure are not retroactive

Posted on December 16, 2011 by

Petitioner, a Ukrainian citizen who entered the U.S. without inspection sought withholding of removal under the Convention Against Torture. The Immigration Judge stated that she was continuing the case for four months, but that if she decided before that date,”you … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, Convention Against Torture, Motion to Reopen, Motions to Reopen, Voluntary Departure, withholding of removal, withholding of removal; lack of jurisdiction | Leave a comment

Bachynskyy v. Holder. 7th Cir. -IJ Warnings regarding voluntary departure are not retroactive to VD grants occurring before January 20, 2009

Posted on December 16, 2011 by

Petitioner, a Ukrainian citizen who entered the U.S. without inspection sought withholding of removal under the Convention Against Torture. The Immigration Judge stated that she was continuing the case for four months, but that if she decided before that date,”you … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, Convention Against Torture, Motion to Reopen, Motions to Reopen, Voluntary Departure, withholding of removal, withholding of removal; lack of jurisdiction | Leave a comment

USCIS Issues Interim Guidance on Providing Information on Appeals and Motions to Reopen or Reconsider in Denial Notices; Seeks Comments

Posted on February 7, 2011 by

U.S. Citizenship and Immigration Services (USCIS) has released to the public an interim policy memorandum (IPM) dated January 26, 2011, providing USCIS adjudicators issuing denial notices guidance on advising petitioners and applicants as to whether they may file a motion … Continue reading →

Posted in Motion to Reconsider, Motions to Reopen | Leave a comment

Matter of MONGES-Garcia, 25 I&N Dec. 246 (BIA 2010)

Posted on June 3, 2010 by

BIA Finds No Conflict Between Regulation’s Time Limits on Motions to Reopen and INA § 242B(e)(1)’s Limit on Discretionary Relief. (1) The 90-day time limitation for filing a motion to reopen in 8 C.F.R. § 1003.23(b)(1) (2010) applies to motions … Continue reading →

Posted in absentia deportation order, BIA, Board of Immigration Appeals, Motions to Reopen | Leave a comment

7th Circuit interprets "questions of law" for reopening cases, post-Kucana

Posted on July 30, 2008 by

Seventh Circuit Overrules Singh , Holds that 8 USCA § 1252(a)(2)(B)(ii) Bars Review of Decisions Regarding Motions to Reopen Kucana v. Mukasey, No. 07–1002, 2008 WL 2639039 (7th Cir. July 7, 2008) In Singh v. Gonzales, 404 F.3d 1024 (7th … Continue reading →

Posted in 7th Circuit Cases- Aliens, Kucana v. Mukasey, Motions to Reopen | Leave a comment