8 C.F.R. § 1003.30
Additional charges in deportation or removal hearings
At any time during deportation or removal proceedings, additional or substituted charges of deportability and/or factual allegations may be lodged by the Service in writing. The alien shall be served with a copy of these additional charges and/or allegations and the Immigration Judge shall read them to the alien. The Immigration Judge shall advise the alien, if he or she is not represented by counsel, that the alien may be so represented. The alien may be given a reasonable continuance to respond to the additional factual allegations and charges. Thereafter, the provision of § 1240.10(b) of this chapter relating to pleading shall apply to the additional factual allegations and charges.
Notes of Decisions
Cited in 53
cases (9 in the last 5 years), 2006–2024 · leading case: Aguilar Hernandez
Aguilar Hernandez (2024)
“Department of Justice Executive Office for Immigration Review Board of Immigration Appeals The Department of Homeland Security cannot remedy a notice to appear that lacks the date and time of the initial hearing before the Immigration Judge by filing a Form I-261 because this…”
Matovski v. Gonzales (2007)
“Finally, Petitioners argue that the DHS had ample opportunity to charge the ground of inadmissibility for willful misrepresentation by merely amending the Notice to Appear at any time during the course of the removal proceeding pursuant to 8 C.F.R. § 1003.30 ("At any time during…”
Sarbjit Singh v. Jefferson B. Sessions III (2018)
“CODE § 35-50-3-2, the judge held that it qualifies as a crime for which a sentence of "one year or longer may be imposed.”
Celia Martinez v. William Barr (2019)
“Instead, the Government argues that her “claims that she was not properly served with the amended NTA .”
CORTEZ-PINEDA v. Holder (2010)
“See 8 C.F.R. §§ 1003.30 , 1240.10(e) (providing that in the event that substituted charges or allegations are lodged, the alien "may be given a reasonable continuance to respond to the additional factual allegations and charges").”
Ramon Jasso Arangure v. Matthew Whitaker (2018)
“8 C.F.R. § 1003.30 ("At any time during deportation or removal proceedings, additional or substituted charges of deportability and/or factual allegations may be lodged by [DHS] in writing.”
Odulene Dormescar v. U.S. Attorney General (2012)
“He cited the regulations that allow the Department to amend a notice to add new charges and new factual allegations, 8 C.F.R. §§ 1003.30 , 1240.10(e), and argued that they do not permit the Department to change designation of status because it is neither a charge nor a factual…”
Gonzalez v. Holder (2012)
“Gonzalez claims that the government violated 8 C.F.R. §§ 1003.30 and 1240.10(e) by failing to notify him until his removal hearing of what he describes as the “additional critical factual allegation” that he had last entered as a crewman.”
Channer v. Department of Homeland Security (2008)
“30 is now codified at 8 C.F.R. § 1003.30 .”
Alvear-Velez v. Mukasey (2008)
“6 (rejecting a similar argument made under 8 C.F.R. § 1003.30 because the "regulation permits but does not affirmatively require DHS to supplement already existing charges”).”
Daniel Valencia-Alvarez v. Alberto R. Gonzales, Attorney General (2006)
“8 C.F.R. § 1003.30 . 3 . Section 1229b(a) provides that the Attorney General may cancel removal of an alien who has been lawfully admitted for permanent residence for not less than five years, has resided in the United States continuously for seven years, and has not been…”
Barradas v. Holder (2009)
“” 8 C.F.R. § 1003.30 . Moreover, support for Barradas's premise within the broader context of immi *762 gration jurisprudence appears to stem largely from factually distinguishable decisions.”
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