The 2024 Florida Statutes
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. . . . § 1003.44(f) ("An eligible alien shall file ... with the immigration judge or the Board, whichever . . .
. . . . § 1003.44 (2004). . . .
. . . Second, the BIA found that “in any event, [under 8 CFR § 1003.44(h) ] a special motion seeking relief . . . He appealed and the BIA reversed that deportation order as well. . 8 CFR § 1003.44(h) sets forth procedures . . .
. . . . § 1003.44(h). Perez-Morales filed his motion in November 2009. . . . alien deportable or removable, pursuant to a plea agreement made before April 1, 1997.” 8 C.F.R. § 1003.44 . . .
. . . . § 1003.44(k)(2) (barring discretionary relief from removal). I. . . . See 8 U.S.C. § 1231(a)(5); 8 C.F.R. § 1003.44(k)(2). . . . Cyr. 8 C.F.R. § 1003.44. . . . . § 1003.44(k)(2). . . . The Board cited section 1003.44(k)(2) for this proposition. . . .
. . . . § 1003.44(h) (the deadline to file a special motion to seek section 212(c) relief is April 26, 2005 . . .
. . . . § 1003.44(b) noting that, due to the repeal of § 212(c), the waiver was not available to aliens who . . . The BIA also noted that 8 C.F.R. § 1003.44(b) limited relief to aliens who entered a plea agreement. . . . We note that the BIA also cited 8 C.F.R. § 1003.44 in affirming the denial of a continuance. . . . Section 1003.44 provides for a special motion to seek § 212(c) relief for aliens who pleaded guilty or . . . Id. § 1003.44(a). . . . .
. . . . § 1003.44 (“Special motion to seek section 212(c) relief for aliens who pleaded guilty or nolo contendere . . . We hold that § 1003.44’s deadline to file special motions to reopen is a constitutionally-sound procedural . . . See id.; 8 C.F.R. § 1003.44(h). . . . Second, even assuming that Tapia has not waived his challenge to the constitutionality of § 1003.44, . . . See 8 C.F.R. § 1003.44(h). . . .
. . . . § 1003.44. Rodriguez raises two grounds for error: one explicitly, the other implicitly. . . . He contends that the April 26, 2005, deadline for filing special motions to reopen set forth in § 1003.44 . . . As we set forth in our opinion in Tapia-Luna, we conclude that § 1003.44 is a constitutionally and procedurally . . .
. . . . § 1003.44(h). We need not reach Kandola’s remaining contentions in light of our disposition. . . .
. . . . § 1003.44 (2009). . . . .
. . . . § 1003.44(b)(2). . . .
. . . . § 1003.44(h) (reopening period ended on April 26, 2005); (2) did not raise a colorable ineffective . . .
. . . . §§ 1003.44(a), 1212.3(f)(5). . . .
. . . . § 1003.44, because it specifically excludes aliens who illegally return to the United States. 2. . . .
. . . . § 1003.44(k)(2) (individuals issued a final order of deportation who then illegally return to the United . . .
. . . . § 1003.44(k)(2). See Avila-Sanchez, 509 F.3d at 1040-41. PETITION FOR REVIEW DENIED. . . .
. . . . § 1003.44(d), (k); see also Avila-Sanchez, 509 F.3d at 1040-41 (9th Cir.2007). . . .
. . . . § 1003.44(b)(2), and because his crime of violence aggravated felony ground of re-movability lacks . . .
. . . . § 1003.44 (authorizing the filing of special motions to reopen by “certain aliens who formerly were . . . 2004 (the regulation’s effective date, see 69 Fed.Reg. 57826-01), and April 26, 2005, see 8 C.F.R. § 1003.44 . . . Here, it is undisputed that petitioner’s section 1003.44 motion to reopen was untimely, as it was filed . . . In order to demonstrate that his attorney was ineffective in failing to file a special section 1003.44 . . . was no basis for the BIA to toll the relevant time period for petitioner to file a special section 1003.44 . . .
. . . . § 1003.44 (codifying the holding of St. Cyr). . . .
. . . . § 1003.44. . . .
. . . . § 1003.44 (West 2009); Ga.Code Ann. § 20-2-310 (2005); Idaho Code Ann. § 33-1602 (2008); 105 ILL. . . .
. . . . § 1003.44(d). See Mohammed v. Gonzales, 400 F.3d 785, 792 (9th Cir.2005). . . . See 8 C.F.R. § 1003.44(d) (“A motion under this section will not be granted with respect to any conviction . . .
. . . . § 1003.44 to seek § 212(c) relief. . . . Id. § 1003.44(h). Furthermore, the provision imposes strict procedural requirements. . . . . § 1003.44(f) (emphasis added). Mr. . . . Kawashima’s failure to include the precise language required by § 1003.44(h) is a sufficient basis on . . . Section 1003.44 does not require mere notice, it imposes strict procedural requirements to qualify for . . .
. . . . § 1003.44. Our jurisdiction is governed by 8 U.S.C. § 1252. . . . See 8 C.F.R. § 1003.44(e) (“Proceedings shall be reopened under this section solely for adjudicating . . .
. . . . §§ 1003.2(c)(2) & 1003.44(h), and the record does not establish that equitable tolling was warranted . . .
. . . . § 1003.44. For the reasons stated below, we affirm the BIA’s denial of Chavez’s motion to reopen. . . . In 2005, Chavez filed a motion to reopen his case with the BIA pursuant to 8 C.F.R. § 1003.44. . . . Section 1003.44 allows an alien to file special motion for relief under former section 212(c) of the . . . section 212(c) relief but-for a conviction obtained by plea agreement prior to April 1, 1997. 8 C.F.R. § 1003.44 . . .
. . . . § 1003.44(k). Defendant was ordered to surrender on October 27, 1999, but failed to do so. . . . generated more than two years after the BIA denied his appeal by reopening his case pursuant to 8 C.F.R. § 1003.44 . . . exhaustion prong of Section 1326(d) did require Defendant to bring a motion to reopen pursuant to 8 C.F.R. § 1003.44 . . . Defendant that statutory relief was unavailable, his failure to move to reopen the case pursuant to section 1003.44 . . .
. . . . § 1003.44). . . .
. . . . § 1003.44(b)(4). . . . Despite its citation to § 1003.44(b) in its order, the BIA erred by considering the date Osei’s plea . . .
. . . . § 1003.44 (2007); the deadline for special motions was 4/26/2005, and petitioner filed his motion on . . .
. . . . § 1003.44(h). . . .
. . . Section 1003.44(h) [the regulation setting the deadline] is similar to time limits imposed in the Federal . . .
. . . . § 1003.44(a) we also stated that “§ 212(c) relief is not available to aliens who were convicted after . . . We further mentioned that "[ejven without the five-year bar, the plain language of § 1003.44 also precludes . . .
. . . . § 1003.44(h). The petition for review is DENIED. Pursuant to 5th Cir. . . .
. . . . § 1003.44(a). . . . .
. . . The pertinent part of Florida Statute § 1003.44(1) reads: The pledge of allegiance to the flag ... shall . . .
. . . . §§ 1003.23(b)(1), 1003.44(k)(l), and 1003.2(d), the BIA determined that the immigration judge correctly . . . See 8 C.F.R. § 1003.44. . . . . § 1003.44(k)(l). . . . Because Castillo departed and is currently outside the United States, § 1003.44(k)(l) bars his request . . .
. . . . § 1003.44(k) (individuals issued a final order of deportation who then illegally return to the United . . .
. . . PER CURIAM: This case involves Florida's Pledge of Allegiance statute, section 1003.44(1), Florida Statutes . . . Stat. § 1003.44(1) (emphasis added). . . . Plaintiff contended that section 1003.44(1) is facially invalid because it requires that a student obtain . . . Stat. § 1003.44(1). . . . Stat. § 1003.44(1). The statute permits students an exception to this requirement, however. . . .
. . . Section 1003.44 permits aliens who meet certain requirements to seek relief from removal under the former . . . section 212(c) relief by an immigration judge or by the Board on discretionary grounds.” 8 C.F.R. § 1003.44 . . . , because the BIA did not rule on the issue, there is no final ruling that would bar relief under § 1003.44 . . . IJ previously denied Naghdi § 212(c) relief in the exercise of his discretion and that, therefore, § 1003.44 . . .
. . . . § 1003.44(h) for special motions to seek § 212(c) relief for aliens subject to final orders of deportation . . . The rule — 8 C.F.R. § 1003.44(h) — provides that “[a]n alien subject to a final administrative order . . . We reject Amoroso's argument because § 1003.44(h) afforded aliens like Amoroso a sufficient window to . . . Gonzales, 478 F.3d 795 (7th Cir.2007) (upholding the BIA’s adherence to the deadline in 8 C.F.R. § 1003.44 . . .
. . . . § 1003.44(k)(2). See id. at 1041. We need not reach Arce-Valdez’s remaining contentions. . . .
. . . . § 1003.44(k)(2). See id. at 1041. We need not reach Valenzuela-Sanchez’s remaining contentions. . . .
. . . . § 1003.44. . . . Id. at §§ 1003.44(c), 1212.3(f)(4)(i)-(ii). In Alexandre v. U.S. . . .
. . . . § 1003.44, to seek relief from deportation under section 212(c) of the Immigration and Nationality . . .
. . . . § 1003.44. . . . See 8 C.F.R. 1003.44(k)(2). . . . See 8 C.F.R. § 1003.44(a)-(e). . . . Id. § 1003.44(k)(2). . . . The provisions of 8 C.F.R. § 1003.44(k)(2) are constitutional and were not improperly applied to Avila . . .
. . . . § 1003.44(a), (c). . . . In conformity with 8 C.F.R. § 1003.44(g)(4), the BIA rejected on the merits Abimbola’s argument that . . .
. . . . § 1003.44(b)-(c); 8 U.S.C. § 1182(c) (1996). We deny the petition. Rodriguez cannot prevail. . . .
. . . . § 1003.44, which permits reopening in order to apply for section 212(c) relief, and 8 C.F.R. § 1003.2 . . . The Government further contends that Cyrus could not move to reopen under 8 C.F.R. § 1003.44 for any . . . First, we hold that, as a matter of law, reopening on the basis of 8 C.F.R. § 1003.44 is not available . . . is not available to a petitioner ineligible for section 212(c) relief because 8 C.F.R. § 1003.44 by . . . In response, 8 C.F.R. § 1003.44(e) was proposed in order to “codify the Supreme Court’s holding” and . . .
. . . . § 1003.44”; (2) it was obligated to use its authority to grant his motion sua sponte given that he . . . See 8 C.F.R. § 1003.44(f). . . . See 8 C.F.R. § 1003.44(e). . . . . § 1003.44, which does. First, Arias did not pursue this argument with the BIA. . . . Section 1003.44 was adopted after St. . . .
. . . . § 1003.44 to seek section 212(c) relief. . . . Id. § 1003.44(h). Furthermore, the provision imposes strict procedural requirements. . . . Id. § 1003.44(f) (emphasis added). Mr. . . . Kawashima’s failure to include the precise language required by § 1003.44(h) is a sufficient basis on . . . Section 1003.44 does not require mere notice, it imposes strict procedural requirements to qualify for . . .
. . . . § 1003.44 to seek § 212(c) relief. . . . Id. § 1003.44(h). Furthermore, the provision imposes strict procedural requirements. . . . . § 1003.44(f) (emphasis added). Mr. . . . Kawashima’s failure to include the precise language required by § 1003.44(h) is a sufficient basis on . . . Section 1003.44 does not require mere notice, it imposes strict procedural requirements to qualify for . . .
. . . . § 1003.44; 8 C.F.R. § 1212.3. . Hernandez v. . . .
. . . . § 1003.44. Accordingly, we DENY the petition in part and DISMISS it in part. I. . . . Pursuant to 8 C.F.R. § 1003.44(k), there is an alternative form of relief in the form of a motion to . . . final order of deportation or removal who then illegally returned to the United States.” 8 C.F.R. § 1003.44 . . . Under § 1003.44(k), this form of relief is not available to aliens who return to this country illegally . . . As determined by the BIA, he was ineligible for relief based on his illegal reentry. 8 C.F.R. § 1003.44 . . .
. . . . § 1003.44(a)(4); see also Alvarez-Barajas v. Gonzales, 418 F.3d 1050, 1053-54 (9th Cir.2005). . . .
. . . . § 1003.44, which addresses section 212(c) relief for aliens with convictions predating April 1, 1997 . . . Therefore, he is ineligible for reopening under 8 C.F.R. § 1003.44. . . .
. . . . § 1003.44(h)— provides that an “alien subject to a final administrative order of deportation or removal . . . Johnson argues that § 1003.44(h) has an impermissible retroactive effect. . . . But does 8 C.F.R. § 1003.44(h) fall within bounds? Is it procedural or substantive? . . . That is essentially what Johnson says § 1003.44(h) does. . . . Section 1003.44(h) is similar to time limits imposed in the Federal Rules of Civil Procedure, Appellate . . .
. . . . § 1003.44(h) (establishing an April 26, 2005 deadline for such motions). . . . . § 1003.44 was an abuse of discretion and we remand for further proceedings. See Mohammed v. . . .
. . . . § 1003.44, 1212.3(f)(5) (effective Oct. 28, 2004). . . .
. . . BIA declined to address this argument in any fashion, finding itself bound by the limits of 8 C.F.R § 1003.44 . . .
. . . . § 1003.44, which allows eligible aliens who pled guilty or nolo contendere to certain crimes before . . . Section 1003.44, then, effectively codified the Court’s holding in St. Cyr. See Lawrence v. . . . Mansour, however, sought to reopen as an alien eligible for special relief under 8 C.F.R. § 1003.44. . . . Application of 8 C.F.R. § 1003.44(k)(2) As set forth above, 8 C.F.R. § 1003.44(k) excludes three categories . . . Section 1003.44(k)(2), which excludes from eligibility for § 212(c) relief those aliens who are under . . .
. . . . § 1003.44(b) is unavailing because Segovia was convicted of an aggravated felony, as that term was . . . 415 F.3d 436, 447 (5th Cir.2005), petition for cert. filed (Dec. 22, 2005) (No. 05-830); 8 C.F.R. § 1003.44 . . .
. . . . § 1003.44. . . . See 8 C.F.R. § 1003.44(g)(3). In any event, Wilson’s St. Cyr claim was meritless. . . .
. . . . §§ 1003.44 & 1212.3. . . . See 8 C.F.R. § 1003.2(d); see also 8 C.F.R. § 1003.44(k)(2) (specifically providing that special motions . . .
. . . . § 1003.44(b). . . .
. . . . § 1003.44, which allows eligible aliens to file a special motion seeking relief under former section . . . The BIA denied this motion pursuant to 8 C.F.R. § 1003.44(d), which states that aliens previously denied . . .
. . . . § 1003.44, which now allows aliens who meet certain requirement to seek relief from removal under the . . . demonstrate the required lawful permanent resident status to be eligible for relief under 8 C.F.R. § 1003.44 . . . he was a “lawful” permanent resident, which was required for eligibility for relief under 8 C.F.R. § 1003.44 . . .
. . . . § 1003.44, which provides for special motions to seek INA § 212(c) relief for certain aliens, violates . . . The Ninth Circuit therefore concluded that 8 C.F.R. § 1003.44, which permits aliens who were in deportation . . .
. . . . § 1003.44(1), has a policy mandating that students, unless excused by written request of a parent, . . . Stat. § 1003.44(1). Frazier’s injury will be redressed by a favorable decision by this Court. . . . Stat. § 1003.44(1). Nor is the State Defendants’ reading of the statute entitled to deference. . . . Stat. § 1003.44(1). . . . The State Defendants cite no agency decision or rule construing § 1003.44(1). . . .
. . . . § 1003.44, to reopen his removal proceedings to seek relief under former INA § 212(c), 8 U.S.C. § 1182 . . .
. . . . § 1003.44(c), that because Hamilton had been convicted of an aggravated felony, he was ineligible for . . .
. . . . § 1003.44. . . .
. . . . § 1003.44(b)(2) (2006). . . . the alien must have pled guilty “pursuant to a plea agreement made before April 1, 1997.” 8 C.F.R. § 1003.44 . . .
. . . . § 1003.44(f) (noting that an alien filing a motion under this section must submit “supporting documents . . . the standard of review applicable to a denial of a motion to reopen brought pursuant to 8 C.F.R. § 1003.44 . . . ) relief is not available to aliens who were convicted after a trial instead of on a guilty plea. § 1003.44 . . . Even without the five-year bar, the plain language of § 1003.44 also precludes those who did not plead . . . See § 1003.44(a); § 1212.3(f)(4)(h); Brooks, 283 F.3d at 1274. PETITION DENIED. . . . .
. . . . § 1003.44(b)(3). . . .
. . . . § 1003.44. . . . See 8 C.F.R. § 1003.44(k). C. . . .
. . . . §§ 1003.44(b)(2) and 1212.3(h) (2004), which were amended and revised after the IJ’s decision, Petitioner . . .
. . . . § 1003.44(c) & (k)(1). PETITION DISMISSED. . . .
. . . . § 1003.44. . . .
. . . . § 1003.44(b)(l)-(4) (2004) (emphasis added). . 69 Fed.Reg. 57,826, 57,831 (Sept. 28, 2004). . Id. . . . agreement and went to trial did so in reliance upon the availability of § 212(c) relief). . 8 C.F.R. § 1003.44 . . .
. . . . § 1003.44). . . .
. . . . § 1003.44; for the sake of consistency, we use the former designation throughout this opinion. . . . .