8 C.F.R. § 287.12
Scope
With regard to this part, these regulations provide internal guidance on specific areas of law enforcement authority. These regulations do not, are not intended to, and shall not be construed to exclude, supplant, or limit otherwise lawful activities of the Department or the Secretary. These regulations do not, are not intended to, shall not be construed to, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter, civil or criminal. The Secretary shall have exclusive authority to enforce these regulations through such administrative and other means as he may deem appropriate.
Notes of Decisions
Cited in 20
cases (3 in the last 5 years), 2004–2026 · leading case: Maria Yanez-Marquez v. Loretta Lynch, 789 F.3d 434 (4th Cir. 2015).
Maria Yanez-Marquez v. Loretta Lynch, 789 F.3d 434 (4th Cir. 2015). “First off, 8 C.F.R. § 287.12 prohibits any construction of Part 287 of the Code of Federal Regulations “to create any rights, substantive or procedural, enforceable at law by any party in any matter, civil or criminal.”
Sanchez v. Sessions, 904 F.3d 643 (9th Cir. 2017). “" Our conclusion is not affected by 8 C.F.R. § 287.12 , which states that all regulations within Part 287 of the Code of Federal Regulation "do not, are not intended to, shall not be construed to, and may not be relied upon to create any rights, substantive or procedural,…”
Yongo v. Immigr. & Naturalization Serv., 355 F.3d 27 (1st Cir. 2004). “” 8 C.F.R. § 287.12 (2002). Of course, once the documents were admitted, a separate hearsay objection remained insofar as their relevance depended on the truth of statements made in the documents: “authentic” means the document is “real,” not that its contents are necessarily…”
Navarro-Chalan v. Ashcroft, 359 F.3d 19 (1st Cir. 2004). “11 (1995) (current version at 8 C.F.R. § 287.12 ). 3 Regulation 242.2(c), which does apply to arrests by warrants, was satisfied when Navarro was given Form 1-286 and the Order to Show Cause, both of which contained statements of his rights.”
De Rodriguez-Echeverria v. Mukasey, 534 F.3d 1047 (9th Cir. 2008). “” 8 C.F.R. § 287.12 . 3 . The CBP Field Inspector's Manual is available at http://www.”
Rivas v. Martin, 781 F. Supp. 2d 775 (N.D. Ind. 2011). “Defendants argue that pursuant to 8 C.F.R. § 287.12 , the regulations in Section 287 are only meant to provide "internal guidance” and do not create any substantive or procedural rights.”
Rosendo Beltran-Rodriguez v. Eric Holder, Jr., 530 F. App'x 464 (6th Cir. 2013). “See 8 C.F.R. § 287.12 ; Navarro-Chalan v. Ashcroft, 359 F.”
Edwin Garcia Rogel v. Merrick Garland (4th Cir. 2022). “8 C.F.R. § 287.12 provides: With regard to this part [which includes § 287.”
Daniel Rios-Arias v. Jefferson Sessions, III, 684 F. App'x 441 (5th Cir. 2017). “Although Rios-Arias challenged the vol-untariness of the search of his apartment, he did not challenge the accuracy of the alienage and immigration status information contained in the Form 1-213.”
Jose Osbaldo Batres-Garay v. U.S. Attorney Gen. (11th Cir. 2018). “” 8 C.F.R. § 287.12 . So neither section 287.”
Jose Osbaldo Batres-Garay v. U.S. Attorney Gen. (11th Cir. 2018). “” 8 C.F.R. § 287.12 . So neither section 287.”
Luis Sanchez v. Jefferson Sessions (9th Cir. 2018). “9 9 Our conclusion is not affected by 8 C.F.R. § 287.12 , which states that all regulations within Part 287 of the Code of Federal Regulation “do not, are not intended to, shall not be construed to, and may not be relied upon to create any rights, substantive or procedural,…”
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