Ch 5-Motions before the Immigration Court - AILA webCLE

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Immigration Court Chapter 5 Practice Manual Motions before the Immigration Court 5.13 Response to Motion Responses to motions must comply with the deadlines and requirements for filing. See 8 C.F.R. § 1003.23(a), Chapter 3 (Filing with the Immigration Court). A motion is deemed unopposed unless timely response is made. Parties should note that unopposed motions are not necessarily granted. updates: www.usdoj.gov/eoir 100 this page last revised: April 1, 2008
MOTIONS 127 I. Motions Before Entry of a Decision A. Motion to Terminate B. Motion to Suppress C. Motion to Redetermine Bond or Custody Determination D. Motion to Withdraw as Counsel of Record E. Motions to Recuse F. Motions to Change Venue G. Motion for Continuance H. Motion to Waive the Presence of the Parties II. Motions After Entry of a Decision A. Motions to Reconsider B. Motions to Reopen C. Commonalities of Motions to Reopen and Reconsider D. Motion for Stay of Deportation/Removal E. Motion to Remand MOTIONS I. MOTIONS BEFORE ENTRY OF A DECISION MOTIONS An Immigration Judge may be required to resolve a number of legal issues by motion either before, during, or after the proceedings. Unless otherwise permitted by the Immigration Judge, motions submitted prior to the final order of an Immigration Judge shall be in writing and shall state with particularity the grounds, the relief sought, and the jurisdiction. 8 C.F.R. §1003.23(a). The Immigration Judge may set and extend time limits for the making of motions and replies thereto. Id. A motion shall be deemed unopposed unless timely response is made. Id. An Immigration Judge must state the reasons for ruling on a motion irrespective of whether the ruling is oral or in writing; otherwise parties are deprived of a fair opportunity to contest the Immigration Judge’s determination, and on appeal the BIA is unable to meaningfully exercise its responsibility of reviewing a decision in light of the arguments on appeal. Matter of M-P-, 20 I&N Dec. 786 (BIA 1994).
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