8 U.S.C. § 1229a

Removal proceedings

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(a) Proceeding(1) In general

An immigration judge shall conduct proceedings for deciding the inadmissibility or deportability of an alien.

(2) Charges

An alien placed in proceedings under this section may be charged with any applicable ground of inadmissibility under section 1182(a) of this title or any applicable ground of deportability under section 1227(a) of this title.

(3) Exclusive procedures

Unless otherwise specified in this chapter, a proceeding under this section shall be the sole and exclusive procedure for determining whether an alien may be admitted to the United States or, if the alien has been so admitted, removed from the United States. Nothing in this section shall affect proceedings conducted pursuant to section 1228 of this title.

(b) Conduct of proceeding(1) Authority of immigration judge

The immigration judge shall administer oaths, receive evidence, and interrogate, examine, and cross-examine the alien and any witnesses. The immigration judge may issue subpoenas for the attendance of witnesses and presentation of evidence. The immigration judge shall have authority (under regulations prescribed by the Attorney General) to sanction by civil money penalty any action (or inaction) in contempt of the judge’s proper exercise of authority under this chapter.

(2) Form of proceeding(A) In generalThe proceeding may take place—(i) in person,(ii) where agreed to by the parties, in the absence of the alien,(iii) through video conference, or(iv) subject to subparagraph (B), through telephone conference.(B) Consent required in certain cases

An evidentiary hearing on the merits may only be conducted through a telephone conference with the consent of the alien involved after the alien has been advised of the right to proceed in person or through video conference.

(3) Presence of alien

If it is impracticable by reason of an alien’s mental incompetency for the alien to be present at the proceeding, the Attorney General shall prescribe safeguards to protect the rights and privileges of the alien.

(4) Alien’s rights in proceedingIn proceedings under this section, under regulations of the Attorney General—(A) the alien shall have the privilege of being represented, at no expense to the Government, by counsel of the alien’s choosing who is authorized to practice in such proceedings,(B) the alien shall have a reasonable opportunity to examine the evidence against the alien, to present evidence on the alien’s own behalf, and to cross-examine witnesses presented by the Government but these rights shall not entitle the alien to examine such national security information as the Government may proffer in opposition to the alien’s admission to the United States or to an application by the alien for discretionary relief under this chapter, and(C) a complete record shall be kept of all testimony and evidence produced at the proceeding.(5) Consequences of failure to appear(A) In general

Any alien who, after written notice required under paragraph (1) or (2) of section 1229(a) of this title has been provided to the alien or the alien’s counsel of record, does not attend a proceeding under this section, shall be ordered removed in absentia if the Service establishes by clear, unequivocal, and convincing evidence that the written notice was so provided and that the alien is removable (as defined in subsection (e)(2)). The written notice by the Attorney General shall be considered sufficient for purposes of this subparagraph if provided at the most recent address provided under section 1229(a)(1)(F) of this title.

(B) No notice if failure to provide address information

No written notice shall be required under subparagraph (A) if the alien has failed to provide the address required under section 1229(a)(1)(F) of this title.

(C) Rescission of orderSuch an order may be rescinded only—(i) upon a motion to reopen filed within 180 days after the date of the order of removal if the alien demonstrates that the failure to appear was because of exceptional circumstances (as defined in subsection (e)(1)), or(ii) upon a motion to reopen filed at any time if the alien demonstrates that the alien did not receive notice in accordance with paragraph (1) or (2) of section 1229(a) of this title or the alien demonstrates that the alien was in Federal or State custody and the failure to appear was through no fault of the alien.The filing of the motion to reopen described in clause (i) or (ii) shall stay the removal of the alien pending disposition of the motion by the immigration judge.(D) Effect on judicial review

Any petition for review under section 1252 of this title of an order entered in absentia under this paragraph shall (except in cases described in section 1252(b)(5) of this title) be confined to (i) the validity of the notice provided to the alien, (ii) the reasons for the alien’s not attending the proceeding, and (iii) whether or not the alien is removable.

(E) Additional application to certain aliens in contiguous territory

The preceding provisions of this paragraph shall apply to all aliens placed in proceedings under this section, including any alien who remains in a contiguous foreign territory pursuant to section 1225(b)(2)(C) of this title.

(6) Treatment of frivolous behaviorThe Attorney General shall, by regulation—(A) define in a proceeding before an immigration judge or before an appellate administrative body under this subchapter, frivolous behavior for which attorneys may be sanctioned,(B) specify the circumstances under which an administrative appeal of a decision or ruling will be considered frivolous and will be summarily dismissed, and(C) impose appropriate sanctions (which may include suspension and disbarment) in the case of frivolous behavior.Nothing in this paragraph shall be construed as limiting the authority of the Attorney General to take actions with respect to inappropriate behavior.(7) Limitation on discretionary relief for failure to appear

Any alien against whom a final order of removal is entered in absentia under this subsection and who, at the time of the notice described in paragraph (1) or (2) of section 1229(a) of this title, was provided oral notice, either in the alien’s native language or in another language the alien understands, of the time and place of the proceedings and of the consequences under this paragraph of failing, other than because of exceptional circumstances (as defined in subsection (e)(1)) to attend a proceeding under this section, shall not be eligible for relief under section 1229b, 1229c, 1255, 1258, or 1259 of this title for a period of 10 years after the date of the entry of the final order of removal.

(c) Decision and burden of proof(1) Decision(A) In general

At the conclusion of the proceeding the immigration judge shall decide whether an alien is removable from the United States. The determination of the immigration judge shall be based only on the evidence produced at the hearing.

(B) Certain medical decisions

If a medical officer or civil surgeon or board of medical officers has certified under section 1222(b) of this title that an alien has a disease, illness, or addiction which would make the alien inadmissible under paragraph (1) of section 1182(a) of this title, the decision of the immigration judge shall be based solely upon such certification.

(2) Burden on alienIn the proceeding the alien has the burden of establishing—(A) if the alien is an applicant for admission, that the alien is clearly and beyond doubt entitled to be admitted and is not inadmissible under section 1182 of this title; or(B) by clear and convincing evidence, that the alien is lawfully present in the United States pursuant to a prior admission.In meeting the burden of proof under subparagraph (B), the alien shall have access to the alien’s visa or other entry document, if any, and any other records and documents, not considered by the Attorney General to be confidential, pertaining to the alien’s admission or presence in the United States.(3) Burden on service in cases of deportable aliens(A) In general

In the proceeding the Service has the burden of establishing by clear and convincing evidence that, in the case of an alien who has been admitted to the United States, the alien is deportable. No decision on deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence.

(B) Proof of convictionsIn any proceeding under this chapter, any of the following documents or records (or a certified copy of such an official document or record) shall constitute proof of a criminal conviction:(i) An official record of judgment and conviction.(ii) An official record of plea, verdict, and sentence.(iii) A docket entry from court records that indicates the existence of the conviction.(iv) Official minutes of a court proceeding or a transcript of a court hearing in which the court takes notice of the existence of the conviction.(v) An abstract of a record of conviction prepared by the court in which the conviction was entered, or by a State official associated with the State’s repository of criminal justice records, that indicates the charge or section of law violated, the disposition of the case, the existence and date of conviction, and the sentence.(vi) Any document or record prepared by, or under the direction of, the court in which the conviction was entered that indicates the existence of a conviction.(vii) Any document or record attesting to the conviction that is maintained by an official of a State or Federal penal institution, which is the basis for that institution’s authority to assume custody of the individual named in the record.(C) Electronic recordsIn any proceeding under this chapter, any record of conviction or abstract that has been submitted by electronic means to the Service from a State or court shall be admissible as evidence to prove a criminal conviction if it is—(i) certified by a State official associated with the State’s repository of criminal justice records as an official record from its repository or by a court official from the court in which the conviction was entered as an official record from its repository, and(ii) certified in writing by a Service official as having been received electronically from the State’s record repository or the court’s record repository.A certification under clause (i) may be by means of a computer-generated signature and statement of authenticity.
(4) Applications for relief from removal(A) In generalAn alien applying for relief or protection from removal has the burden of proof to establish that the alien—(i) satisfies the applicable eligibility requirements; and(ii) with respect to any form of relief that is granted in the exercise of discretion, that the alien merits a favorable exercise of discretion.(B) Sustaining burden

The applicant must comply with the applicable requirements to submit information or documentation in support of the applicant’s application for relief or protection as provided by law or by regulation or in the instructions for the application form. In evaluating the testimony of the applicant or other witness in support of the application, the immigration judge will determine whether or not the testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant has satisfied the applicant’s burden of proof. In determining whether the applicant has met such burden, the immigration judge shall weigh the credible testimony along with other evidence of record. Where the immigration judge determines that the applicant should provide evidence which corroborates otherwise credible testimony, such evidence must be provided unless the applicant demonstrates that the applicant does not have the evidence and cannot reasonably obtain the evidence.

(C) Credibility determination

Considering the totality of the circumstances, and all relevant factors, the immigration judge may base a credibility determination on the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicant’s or witness’s account, the consistency between the applicant’s or witness’s written and oral statements (whenever made and whether or not under oath, and considering the circumstances under which the statements were made), the internal consistency of each such statement, the consistency of such statements with other evidence of record (including the reports of the Department of State on country conditions), and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant’s claim, or any other relevant factor. There is no presumption of credibility, however, if no adverse credibility determination is explicitly made, the applicant or witness shall have a rebuttable presumption of credibility on appeal.

(5) Notice

If the immigration judge decides that the alien is removable and orders the alien to be removed, the judge shall inform the alien of the right to appeal that decision and of the consequences for failure to depart under the order of removal, including civil and criminal penalties.

(6) Motions to reconsider(A) In general

The alien may file one motion to reconsider a decision that the alien is removable from the United States.

(B) Deadline

The motion must be filed within 30 days of the date of entry of a final administrative order of removal.

(C) Contents

The motion shall specify the errors of law or fact in the previous order and shall be supported by pertinent authority.

(7) Motions to reopen(A) In general

An alien may file one motion to reopen proceedings under this section, except that this limitation shall not apply so as to prevent the filing of one motion to reopen described in subparagraph (C)(iv).

(B) Contents

The motion to reopen shall state the new facts that will be proven at a hearing to be held if the motion is granted, and shall be supported by affidavits or other evidentiary material.

(C) Deadline(i) In general

Except as provided in this subparagraph, the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal.

(ii) Asylum

There is no time limit on the filing of a motion to reopen if the basis of the motion is to apply for relief under sections 11 So in original. 1158 or 1231(b)(3) of this title and is based on changed country conditions arising in the country of nationality or the country to which removal has been ordered, if such evidence is material and was not available and would not have been discovered or presented at the previous proceeding.

(iii) Failure to appear

The filing of a motion to reopen an order entered pursuant to subsection (b)(5) is subject to the deadline specified in subparagraph (C) of such subsection.

(iv) Special rule for battered spouses, children, and parentsAny limitation under this section on the deadlines for filing such motions shall not apply—(I) if the basis for the motion is to apply for relief under clause (iii) or (iv) of section 1154(a)(1)(A) of this title, clause (ii) or (iii) of section 1154(a)(1)(B) of this title,,1 section 1229b(b) of this title, or section 1254(a)(3) of this title (as in effect on March 31, 1997);(II) if the motion is accompanied by a cancellation of removal application to be filed with the Attorney General or by a copy of the self-petition that has been or will be filed with the Immigration and Naturalization Service upon the granting of the motion to reopen;(III) if the motion to reopen is filed within 1 year of the entry of the final order of removal, except that the Attorney General may, in the Attorney General’s discretion, waive this time limitation in the case of an alien who demonstrates extraordinary circumstances or extreme hardship to the alien’s child; and(IV) if the alien is physically present in the United States at the time of filing the motion. The filing of a motion to reopen under this clause shall only stay the removal of a qualified alien (as defined in section 1641(c)(1)(B) of this title22 So in original. A closing parenthesis probably should appear. pending the final disposition of the motion, including exhaustion of all appeals if the motion establishes that the alien is a qualified alien.
(d) Stipulated removal

The Attorney General shall provide by regulation for the entry by an immigration judge of an order of removal stipulated to by the alien (or the alien’s representative) and the Service. A stipulated order shall constitute a conclusive determination of the alien’s removability from the United States.

(e) DefinitionsIn this section and section 1229b of this title:(1) Exceptional circumstances

The term “exceptional circumstances” refers to exceptional circumstances (such as battery or extreme cruelty to the alien or any child or parent of the alien, serious illness of the alien, or serious illness or death of the spouse, child, or parent of the alien, but not including less compelling circumstances) beyond the control of the alien.

(2) RemovableThe term “removable” means—(A) in the case of an alien not admitted to the United States, that the alien is inadmissible under section 1182 of this title, or(B) in the case of an alien admitted to the United States, that the alien is deportable under section 1227 of this title.
(June 27, 1952, ch. 477, title II, ch. 4, § 240, as added Pub. L. 104–208, div. C, title III, § 304(a)(3), Sept. 30, 1996, 110 Stat. 3009–589; amended Pub. L. 106–386, div. B, title V, § 1506(c)(1)(A), Oct. 28, 2000, 114 Stat. 1528; Pub. L. 109–13, div. B, title I, § 101(d), May 11, 2005, 119 Stat. 304; Pub. L. 109–162, title VIII, §§ 813(a)(1), 825(a), Jan. 5, 2006, 119 Stat. 3057, 3063.)Editorial NotesReferences in Text

This chapter, referred to in subsecs. (a)(3), (b)(1), (4)(B), and (c)(3)(B), (C), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

Section 1254 of this title, referred to in subsec. (c)(7)(C)(iv)(I), was repealed by Pub. L. 104–208, div. C, title III, § 308(b)(7), Sept. 30, 1996, 110 Stat. 3009–615.

Prior Provisions

A prior section 240 of act June 27, 1952, was renumbered section 240C, and is classified to section 1230 of this title.

Amendments

2006—Subsec. (c)(7)(A). Pub. L. 109–162, § 825(a)(1), inserted before period at end “, except that this limitation shall not apply so as to prevent the filing of one motion to reopen described in subparagraph (C)(iv)”.

Subsec. (c)(7)(C)(iv). Pub. L. 109–162, § 825(a)(2)(A), (B), substituted “spouses, children, and parents” for “spouses and children” in heading and “Any limitation under this section on the deadlines for filing such motions shall not apply” for “The deadline specified in subsection (b)(5)(C) of this section for filing a motion to reopen does not apply” in introductory provisions.

Subsec. (c)(7)(C)(iv)(I). Pub. L. 109–162, § 825(a)(2)(C), which directed substitution of “, section 1229b(b) of this title, or section 1254(a)(3) of this title (as in effect on March 31, 1997)” for “or section 1229b(b) of this title”, was executed by making the substitution for “or section 1229b(b)(2) of this title”, to reflect the probable intent of Congress.

Subsec. (c)(7)(C)(iv)(IV). Pub. L. 109–162, § 825(a)(2)(D)–(F), added subcl. (IV).

Subsec. (e)(1). Pub. L. 109–162, § 813(a)(1), substituted “battery or extreme cruelty to the alien or any child or parent of the alien, serious illness of the alien,” for “serious illness of the alien”.

2005—Subsec. (c)(4) to (7). Pub. L. 109–13 added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively.

2000—Subsec. (c)(6)(C)(iv). Pub. L. 106–386 added cl. (iv).

Statutory Notes and Related SubsidiariesEffective Date of 2006 Amendment

Pub. L. 109–162, title VIII, § 813(a)(2), Jan. 5, 2006, 119 Stat. 3058, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to a failure to appear that occurs before, on, or after the date of the enactment of this Act [Jan. 5, 2006].”

Effective Date of 2005 Amendment

Amendment by Pub. L. 109–13 effective May 11, 2005, and applicable to applications for asylum, withholding, or other relief from removal made on or after such date, see section 101(h)(2) of Pub. L. 109–13, set out as a note under section 1158 of this title.

Effective Date of 2000 Amendment

Pub. L. 106–386, div. B, title V, § 1506(c)(1)(B), Oct. 28, 2000, 114 Stat. 1528, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect as if included in the enactment of section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1229–1229c) [Pub. L. 104–208].”

Effective Date

Section effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as an Effective Date of 1996 Amendments note under section 1101 of this title.

Subsec. (c)(3)(B), (C) of this section applicable to proving convictions entered before, on, or after Sept. 30, 1996, see section 322(c) of Pub. L. 104–208, set out as an Effective Date of 1996 Amendments note under section 1101 of this title.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.

Elimination of Time Limitations on Motions To Reopen Deportation Proceedings for Victims of Domestic Violence

Pub. L. 106–386, div. B, title V, § 1506(c)(2), Oct. 28, 2000, 114 Stat. 1528, as amended by Pub. L. 109–162, title VIII, §§ 814(a), 825(b), Jan. 5, 2006, 119 Stat. 3058, 3064, provided that:“(A)(i)In general.—Notwithstanding any limitation imposed by law on motions to reopen or rescind deportation proceedings under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [Pub. L. 104–208] (8 U.S.C. 1101 note))—“(I) there is no time limit on the filing of a motion to reopen such proceedings, and the deadline specified in section 242B(c)(3) of the Immigration and Nationality Act (as so in effect) (8 U.S.C. 1252b(c)(3)) does not apply—“(aa) if the basis of the motion is to apply for relief under clause (iii) or (iv) of section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or (iii) of section 204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)), or section 244(a)(3) of such Act (as so in effect) (8 U.S.C. 1254(a)(3)); and“(bb) if the motion is accompanied by a suspension of deportation application to be filed with the Secretary of Homeland Security or by a copy of the self-petition that will be filed with the Department of Homeland Security upon the granting of the motion to reopen; and“(II) any such limitation shall not apply so as to prevent the filing of one motion to reopen described in section 240(c)(7)(C)(iv) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)).“(ii)Prima facie case.—The filing of a motion to reopen under this subparagraph shall only stay the removal of a qualified alien (as defined in section 431(c)(1)(B) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B))[)] pending the final disposition of the motion, including exhaustion of all appeals if the motion establishes that the alien is a qualified alien.“(B)Applicability.—Subparagraph (A) shall apply to motions filed by aliens who are physically present in the United States and who—“(i) are, or were, in deportation or exclusion proceedings under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note)); and“(ii) have become eligible to apply for relief described in subparagraph (A)(i) as a result of the amendments made by—“(I) subtitle G [§ 40701 et seq.] of title IV of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 1953 et seq.) [see Tables for classification]; or“(II) this title [see Short Title of 2000 Amendment note set out under section 1101 of this title].”

References to Order of Removal Deemed To Include Order of Exclusion and Deportation

For purposes of this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title.

Notes of Decisions
Cited in 7,589 cases (1,541 in the last 5 years), 1997–2026 · leading case: Yuen Jin v. Mukasey
Yuen Jin v. Mukasey (2008) ca2 · cites it 22× “The Board's treatment and application of 8 U.S.C. § 1229a (c)(7)(C)(ii) under the facts presented is not inconsistent with 8 U.”
Young v. Holder (2012) ca9 · cites it 32× “Under the framework set out in 8 U.S.C. § 1229a, in order to carry his burden of proving that his conviction was not for a generic federal drug trafficking offense, Young must establish by a preponderance of the evidence that his conviction was for offering to sell cocaine,…”
William v. Gonzales (2007) ca4 · cites it 27× “See 8 U.S.C.A. § 1229a(c). These provisions virtually mimicked the pre-existing provisions in 8 C.”
Rosillo-Puga v. Holder (2009) ca10 · cites it 37× “My respected colleagues in the majority conclude that 8 U.S.C. § 1229a is silent on the question of whether, subsequent to departure from the United States, an alien *1162 may file a motion to reconsider removability under § 1229a(c)(6)(A), or a motion to reopen removal…”
Yuzi Cui v. Merrick Garland (2021) ca9 · cites it 18× “See 8 U.S.C. § 1229a(b)(5)(C). The appeal argued that the prior attorney filed a motion to change venue (which does not appear in the record) due to Cui’s relocation to Tennessee, and that the IJ improperly denied the motion to change venue and issued an order of removal.”
Singh v. Gonzales (2006) ca5 · cites it 15× “23 (b)(4)(ii) and 8 U.S.C. § 1229a(b)(5)(C) governed the timeliness of his motion to reopen.”
Dada v. Mukasey (2008) scotus · cites it 12× “8 U.S.C. § 1229a(b)(5)(C) (providing that a removal order entered in absentia is stayed automatically pending a motion to reopen); and, though the BIA has discretion to deny the motion for a stay, it may constitute an abuse of discretion for the BIA to do so where the motion…”
Kucana v. Holder (2010) scotus · cites it 9× “A similar provision, enacted as part of IIRIRA, is now contained in 8 U. S. C. §1229a(b)(5)(C) (2006 ed.). As the Government notes, this provision does not apply in this case because petitioner challenges the denial of his second motion to reopen, which the parties agree is gov…”
Perez v. Mukasey (2008) ca9 · cites it 10× “An in absentia removal order "may be rescinded only upon a motion to reopen filed within 180 days after the date of the order of removal if the alien demonstrates that the failure to appear was because of exceptional circumstances (as defined in subsection (e)(1) of this…”
Saidou Dia v. John Ashcroft, Attorney General of the United States (2003) ca3 · cites it 7× “In recognition of the serious consequences of an erroneous denial of asylum, Congress, in the INA, has given asylum seekers the right to present evidence to an immigra *267 tion judge (“U”), 8 U.S.C. § 1229a (2002), 1 the right to an administrative appeal of an adverse decision…”
Miguel Arevalo-Quintero v. Merrick Garland (2021) ca4 · cites it 11× “8 U.S.C. § 1229a(b)(1). Based on this statutory requirement, our sister circuits have held that “unlike an Article III judge,” an immigration judge “is not merely the fact finder and adjudicator but also has an obligation to establish the record.”
Jacqueline Stevens v. U.S. Attorney General (2017) ca11 · cites it 8× “See 8 U.S.C. § 1229a(b)(1), (c); 8 C.F.R. §§ 1003.”
— 8 U.S.C. § 1229a(1) — 6 cases
— 8 U.S.C. § 1229a(1)(1) — 2 cases
— 8 U.S.C. § 1229a(2)(A) — 1 case
— 8 U.S.C. § 1229a(2)(A)(iii) — 1 case
— 8 U.S.C. § 1229a(3) — 5 cases
People v. Guzman (2015) illappct
People v. Guzman (2014) illappct
Sierra v. Romaine (2003) ca3
— 8 U.S.C. § 1229a(3)(1) — 1 case
— 8 U.S.C. § 1229a(4) — 2 cases
— 8 U.S.C. § 1229a(4)(A)(I) — 2 cases
— 8 U.S.C. § 1229a(4)(C) — 1 case
— 8 U.S.C. § 1229a(5)(A) — 2 cases
Webb v. Weiss (1999) ctd
Sandhu v. Gonzales (2006) ca1
— 8 U.S.C. § 1229a(5)(B) — 2 cases
— 8 U.S.C. § 1229a(5)(C) — 3 cases
Webb v. Weiss (1999) ctd
Patel v. Holder (2010) ca2
Singh v. Mukasey (2008) ca9
— 8 U.S.C. § 1229a(6) — 1 case
— 8 U.S.C. § 1229a(6)(C)(i) — 1 case
Fan v. Gonzales (2005) ca4
— 8 U.S.C. § 1229a(7) — 2 cases
Grigous v. Gonzales (2006) ca1
— 8 U.S.C. § 1229a(7)(A) — 5 cases
Yang v. Mukasey (2007) ca8
— 8 U.S.C. § 1229a(7)(B) — 1 case
Gao v. Sessions (2018) ca2
— 8 U.S.C. § 1229a(7)(C) — 1 case
Baldi v. Holder (2012) ca2
— 8 U.S.C. § 1229a(7)(C)(i) — 3 cases
— 8 U.S.C. § 1229a(B)(5)(A) — 1 case
Bhanot v. Chertoff (2007) ca2
— 8 U.S.C. § 1229a(B)(5)(C)(ii) — 1 case
— 8 U.S.C. § 1229a(C)(7)(c)(i) — 1 case
He v. Garland (2023) ca9
— 8 U.S.C. § 1229a(a) — 50 cases
Nken v. Holder (2009) scotus
— 8 U.S.C. § 1229a(a)(1) — 116 cases
— 8 U.S.C. § 1229a(a)(1)(G)(ii) — 1 case
Singh v. Holder (2014) ca2
— 8 U.S.C. § 1229a(a)(2) — 22 cases
Balogun v. Ashcroft (2001) ca5
Lattab v. Ashcroft (2004) ca1
— 8 U.S.C. § 1229a(a)(3) — 75 cases
Demore v. Kim (2003) scotus
— 8 U.S.C. § 1229a(a)(4)(A) — 1 case
— 8 U.S.C. § 1229a(a)(5) — 1 case
— 8 U.S.C. § 1229a(a)(5)(A) — 1 case
Anyah v. Heston (2003) ca5
— 8 U.S.C. § 1229a(a)(5)(C)(ii) — 1 case
— 8 U.S.C. § 1229a(a)(7) — 1 case
Williams v. Wolf (2020) miwd
— 8 U.S.C. § 1229a(a)(7)(C)(i) — 3 cases
— 8 U.S.C. § 1229a(a)(I) — 1 case
— 8 U.S.C. § 1229a(a)(c)(6) — 4 cases
Hafeez v. Holder (2010) ca2
Ukani v. Holder (2009) ca2
Ukani v. Holder (2009) ca2
— 8 U.S.C. § 1229a(a)(l) — 46 cases
Lorenzo v. Mukasey (2007) ca10
— 8 U.S.C. § 1229a(b) — 37 cases
Kucana v. Mukasey (2008) ca7
— 8 U.S.C. § 1229a(b)(1) — 121 cases
Miguel Arevalo-Quintero v. Merrick Garland (2021) ca4 “8 U.S.C. § 1229a(b)(1). Based on this statutory requirement, our sister circuits have held that “unlike an Article III judge,” an immigration judge “is not merely the fact finder and adjudicator but also has an obligation to establish the record.”
Jacqueline Stevens v. U.S. Attorney General (2017) ca11 “See 8 U.S.C. § 1229a(b)(1), (c); 8 C.F.R. §§ 1003.”
— 8 U.S.C. § 1229a(b)(1)(A)(iii) — 1 case
— 8 U.S.C. § 1229a(b)(1)(C) — 1 case
— 8 U.S.C. § 1229a(b)(1l) — 1 case
— 8 U.S.C. § 1229a(b)(2) — 19 cases
Richardson v. Reno (1998) ca11
Kwok Sze v. Johnson (2016) dcd
Sarr v. Garland (2022) ca2
— 8 U.S.C. § 1229a(b)(2)(A) — 7 cases
Angov v. Holder (2013) ca9
Doe v. Decker (2021) nysd
— 8 U.S.C. § 1229a(b)(2)(A)(ii) — 5 cases
Tang v. Ashcroft (2003) ca10
— 8 U.S.C. § 1229a(b)(2)(A)(iii) — 18 cases
Rapheal v. Mukasey (2008) ca7
Eke v. Mukasey (2008) ca7
Aslam v. Mukasey (2008) ca2
NCHIFOR (2022) bia
— 8 U.S.C. § 1229a(b)(2)(A)(iv) — 1 case
Öztürk v. Hyde (2025) ca2
— 8 U.S.C. § 1229a(b)(2)(B) — 6 cases
Li v. Garland (2021) ca2
Rivas Rosales v. Barr (2020) cand
— 8 U.S.C. § 1229a(b)(3) — 24 cases
J-F-F (2006) bia
M-A-M (2011) bia
— 8 U.S.C. § 1229a(b)(4) — 91 cases
Qureshi v. Holder (2011) ca5
Angov v. Holder (2013) ca9
— 8 U.S.C. § 1229a(b)(4)(A) — 92 cases
Jacqueline Stevens v. U.S. Attorney General (2017) ca11 “See 8 U.S.C. § 1229a(b)(1), (c); 8 C.F.R. §§ 1003.”
— 8 U.S.C. § 1229a(b)(4)(A)(i) — 1 case
— 8 U.S.C. § 1229a(b)(4)(B) — 255 cases
Angov v. Holder (2013) ca9
Rapheal v. Mukasey (2008) ca7
— 8 U.S.C. § 1229a(b)(4)(C) — 47 cases
Jacqueline Stevens v. U.S. Attorney General (2017) ca11 “See 8 U.S.C. § 1229a(b)(1), (c); 8 C.F.R. §§ 1003.”
— 8 U.S.C. § 1229a(b)(4)(a) — 1 case
— 8 U.S.C. § 1229a(b)(5) — 68 cases
— 8 U.S.C. § 1229a(b)(5)(2002) — 1 case
— 8 U.S.C. § 1229a(b)(5)(A) — 341 cases
Perez v. Mukasey (2008) ca9 “An in absentia removal order "may be rescinded only upon a motion to reopen filed within 180 days after the date of the order of removal if the alien demonstrates that the failure to appear was because of exceptional circumstances (as defined in subsection (e)(1) of this…”
— 8 U.S.C. § 1229a(b)(5)(A)(2000) — 1 case
— 8 U.S.C. § 1229a(b)(5)(B) — 71 cases
— 8 U.S.C. § 1229a(b)(5)(C) — 278 cases
Yuzi Cui v. Merrick Garland (2021) ca9 “See 8 U.S.C. § 1229a(b)(5)(C). The appeal argued that the prior attorney filed a motion to change venue (which does not appear in the record) due to Cui’s relocation to Tennessee, and that the IJ improperly denied the motion to change venue and issued an order of removal.”
Singh v. Gonzales (2006) ca5 “23 (b)(4)(ii) and 8 U.S.C. § 1229a(b)(5)(C) governed the timeliness of his motion to reopen.”
Perez v. Mukasey (2008) ca9 “An in absentia removal order "may be rescinded only upon a motion to reopen filed within 180 days after the date of the order of removal if the alien demonstrates that the failure to appear was because of exceptional circumstances (as defined in subsection (e)(1) of this…”
Dada v. Mukasey (2008) scotus “8 U.S.C. § 1229a(b)(5)(C) (providing that a removal order entered in absentia is stayed automatically pending a motion to reopen); and, though the BIA has discretion to deny the motion for a stay, it may constitute an abuse of discretion for the BIA to do so where the motion…”
— 8 U.S.C. § 1229a(b)(5)(C)(2005) — 2 cases
— 8 U.S.C. § 1229a(b)(5)(C)(I) — 6 cases
Che v. Gonzales (2006) ca4
Akwa v. Gonzales (2006) ca4
— 8 U.S.C. § 1229a(b)(5)(C)(i) — 369 cases
Yuzi Cui v. Merrick Garland (2021) ca9 “See 8 U.S.C. § 1229a(b)(5)(C). The appeal argued that the prior attorney filed a motion to change venue (which does not appear in the record) due to Cui’s relocation to Tennessee, and that the IJ improperly denied the motion to change venue and issued an order of removal.”
Perez v. Mukasey (2008) ca9 “An in absentia removal order "may be rescinded only upon a motion to reopen filed within 180 days after the date of the order of removal if the alien demonstrates that the failure to appear was because of exceptional circumstances (as defined in subsection (e)(1) of this…”
Viridiana v. Holder (2011) ca9
— 8 U.S.C. § 1229a(b)(5)(C)(ii) — 303 cases
— 8 U.S.C. § 1229a(b)(5)(C)(l) — 2 cases
Duran v. Gonzales (2005) ca9
— 8 U.S.C. § 1229a(b)(5)(C)(n) — 1 case
— 8 U.S.C. § 1229a(b)(5)(D) — 66 cases
— 8 U.S.C. § 1229a(b)(5)(E) — 4 cases
SANCHEZ-HERBERT (2012) bia
— 8 U.S.C. § 1229a(b)(5)(a) — 2 cases
Bakal v. Ashcroft (2003) ca6
— 8 U.S.C. § 1229a(b)(5)(c) — 3 cases
Patel v. Gonzales (2006) ca9
— 8 U.S.C. § 1229a(b)(5)(c)(I) — 1 case
— 8 U.S.C. § 1229a(b)(5)(c)(i) — 4 cases
— 8 U.S.C. § 1229a(b)(5)(c)(ii) — 4 cases
Duarte v. Barr (2020) ca2
— 8 U.S.C. § 1229a(b)(5)(c)(l) — 2 cases
Kaur v. Holder (2009) ca9
Kaur v. Holder (2009) ca9
— 8 U.S.C. § 1229a(b)(5)(e) — 1 case
— 8 U.S.C. § 1229a(b)(6) — 2 cases
— 8 U.S.C. § 1229a(b)(6)(A) — 3 cases
Kaweesa v. Ashcroft (2004) mad
Mojica v. Mukasey (2007) ca9
— 8 U.S.C. § 1229a(b)(6)(C) — 1 case
— 8 U.S.C. § 1229a(b)(7) — 33 cases
Grigous v. Gonzales (2006) ca1
Akwada v. Ashcroft (2004) ca4
— 8 U.S.C. § 1229a(b)(C)(i) — 1 case
— 8 U.S.C. § 1229a(b)(l) — 97 cases
Jacqueline Stevens v. U.S. Attorney General (2017) ca11 “See 8 U.S.C. § 1229a(b)(1), (c); 8 C.F.R. §§ 1003.”
— 8 U.S.C. § 1229a(c) — 93 cases
Jacqueline Stevens v. U.S. Attorney General (2017) ca11 “See 8 U.S.C. § 1229a(b)(1), (c); 8 C.F.R. §§ 1003.”
Yuen Jin v. Mukasey (2008) ca2 “The Board's treatment and application of 8 U.S.C. § 1229a (c)(7)(C)(ii) under the facts presented is not inconsistent with 8 U.”
Abebe v. Gonzales (2007) ca9
— 8 U.S.C. § 1229a(c)(1) — 1 case
Perez v. Mukasey (2008) ca9 “An in absentia removal order "may be rescinded only upon a motion to reopen filed within 180 days after the date of the order of removal if the alien demonstrates that the failure to appear was because of exceptional circumstances (as defined in subsection (e)(1) of this…”
— 8 U.S.C. § 1229a(c)(1)(A) — 27 cases
Garcia v. Garland (2023) ca2
— 8 U.S.C. § 1229a(c)(2) — 33 cases
— 8 U.S.C. § 1229a(c)(2)(A) — 70 cases
Lett v. Decker (2018) ilsd
— 8 U.S.C. § 1229a(c)(2)(B) — 32 cases
Dent v. Holder (2010) ca9
— 8 U.S.C. § 1229a(c)(2)(a) — 1 case
— 8 U.S.C. § 1229a(c)(3) — 49 cases
Puc-Ruiz v. Holder (2010) ca8
Barradas v. Holder (2009) ca7
— 8 U.S.C. § 1229a(c)(3)(A) — 257 cases
— 8 U.S.C. § 1229a(c)(3)(B) — 85 cases
Pereida v. Wilkinson (2021) scotus
Ali v. Mukasey (2008) ca7
— 8 U.S.C. § 1229a(c)(3)(B)(I) — 1 case
— 8 U.S.C. § 1229a(c)(3)(B)(i) — 5 cases
Mousa v. Holder (2009) ca2
Schultz v. Gonzales (2007) ca10
— 8 U.S.C. § 1229a(c)(3)(B)(ii) — 6 cases
Lopes v. Keisler (2007) ca1
Nguyen v. Garland (2021) ca5
— 8 U.S.C. § 1229a(c)(3)(B)(iii) — 2 cases
— 8 U.S.C. § 1229a(c)(3)(B)(iv) — 3 cases
Retuta v. Holder (2010) ca9
— 8 U.S.C. § 1229a(c)(3)(B)(v) — 3 cases
— 8 U.S.C. § 1229a(c)(3)(B)(vi) — 9 cases
Conteh v. Gonzales (2006) ca1
— 8 U.S.C. § 1229a(c)(3)(C) — 9 cases
Ragbir v. Holder (2010) ca2
Campuzano v. Bondi (2025) ca5
— 8 U.S.C. § 1229a(c)(3)(a) — 2 cases
Khan v. Gonzales (2005) ca4
— 8 U.S.C. § 1229a(c)(4) — 74 cases
Young v. Holder (2012) ca9 “Under the framework set out in 8 U.S.C. § 1229a, in order to carry his burden of proving that his conviction was not for a generic federal drug trafficking offense, Young must establish by a preponderance of the evidence that his conviction was for offering to sell cocaine,…”
Saidou Dia v. John Ashcroft, Attorney General of the United States (2003) ca3 “In recognition of the serious consequences of an erroneous denial of asylum, Congress, in the INA, has given asylum seekers the right to present evidence to an immigra *267 tion judge (“U”), 8 U.S.C. § 1229a (2002), 1 the right to an administrative appeal of an adverse decision…”
Zadvydas v. Davis (2001) scotus
— 8 U.S.C. § 1229a(c)(4)(A) — 141 cases
Young v. Holder (2012) ca9 “Under the framework set out in 8 U.S.C. § 1229a, in order to carry his burden of proving that his conviction was not for a generic federal drug trafficking offense, Young must establish by a preponderance of the evidence that his conviction was for offering to sell cocaine,…”
— 8 U.S.C. § 1229a(c)(4)(A)(i) — 75 cases
— 8 U.S.C. § 1229a(c)(4)(A)(ii) — 9 cases
D-E-B (2025) bia
E-A-S-O (2026) bia
P-A-C (2026) bia
Yanney v. Sessions (2018) ca2
— 8 U.S.C. § 1229a(c)(4)(B) — 127 cases
Young v. Holder (2012) ca9 “Under the framework set out in 8 U.S.C. § 1229a, in order to carry his burden of proving that his conviction was not for a generic federal drug trafficking offense, Young must establish by a preponderance of the evidence that his conviction was for offering to sell cocaine,…”
J-J-G (2020) bia
— 8 U.S.C. § 1229a(c)(4)(C) — 115 cases
El-Moussa v. Holder (2009) ca6
Htun v. Lynch (2016) ca10
Ndrecaj v. Mukasey (2008) ca6
— 8 U.S.C. § 1229a(c)(4)(a) — 2 cases
— 8 U.S.C. § 1229a(c)(4)(b) — 1 case
Reina v. Sessions (2017) ca2
— 8 U.S.C. § 1229a(c)(4)(i) — 2 cases
— 8 U.S.C. § 1229a(c)(4)(ii) — 1 case
Young v. Holder (2012) ca9 “Under the framework set out in 8 U.S.C. § 1229a, in order to carry his burden of proving that his conviction was not for a generic federal drug trafficking offense, Young must establish by a preponderance of the evidence that his conviction was for offering to sell cocaine,…”
— 8 U.S.C. § 1229a(c)(5) — 39 cases
Patel v. Garland (2022) scotus
Singh v. Gonzales (2006) ca5 “23 (b)(4)(ii) and 8 U.S.C. § 1229a(b)(5)(C) governed the timeliness of his motion to reopen.”
Johnson v. Guzman Chavez (2021) scotus
— 8 U.S.C. § 1229a(c)(5)(A) — 7 cases
Singh v. Gonzales (2006) ca5 “23 (b)(4)(ii) and 8 U.S.C. § 1229a(b)(5)(C) governed the timeliness of his motion to reopen.”
Fan v. Gonzales (2005) ca4
Singh v. Ashcroft (2004) ca9
— 8 U.S.C. § 1229a(c)(5)(B) — 3 cases
Omar v. Lynch (2016) ca1
Rocha v. Gonzales (2005) ca9
— 8 U.S.C. § 1229a(c)(5)(C) — 7 cases
Mwinkeu v. Gonzales (2005) ca4
— 8 U.S.C. § 1229a(c)(6) — 182 cases
Singh v. Gonzales (2006) ca5 “23 (b)(4)(ii) and 8 U.S.C. § 1229a(b)(5)(C) governed the timeliness of his motion to reopen.”
Kucana v. Mukasey (2008) ca7
— 8 U.S.C. § 1229a(c)(6)(A) — 107 cases
Rosillo-Puga v. Holder (2009) ca10 “My respected colleagues in the majority conclude that 8 U.S.C. § 1229a is silent on the question of whether, subsequent to departure from the United States, an alien *1162 may file a motion to reconsider removability under § 1229a(c)(6)(A), or a motion to reopen removal…”
William v. Gonzales (2007) ca4 “See 8 U.S.C.A. § 1229a(c). These provisions virtually mimicked the pre-existing provisions in 8 C.”
— 8 U.S.C. § 1229a(c)(6)(B) — 174 cases
— 8 U.S.C. § 1229a(c)(6)(C) — 235 cases
Mu Ju Li v. Mukasey (2008) ca6
— 8 U.S.C. § 1229a(c)(6)(C)(I) — 1 case
Singh v. Gonzales (2006) ca5 “23 (b)(4)(ii) and 8 U.S.C. § 1229a(b)(5)(C) governed the timeliness of his motion to reopen.”
— 8 U.S.C. § 1229a(c)(6)(C)(i) — 23 cases
Infanzon v. Ashcroft (2004) ca10
— 8 U.S.C. § 1229a(c)(6)(C)(ii) — 15 cases
Alibasic v. Mukasey (2008) ca2
Dong v. Gonzales (2005) ca3
— 8 U.S.C. § 1229a(c)(6)(C)(iv) — 4 cases
Ovalles v. Holder (2009) ca5
Pruidze v. Holder (2011) ca6
Ovalles v. Holder (2009) ca5
— 8 U.S.C. § 1229a(c)(6)(a) — 2 cases
— 8 U.S.C. § 1229a(c)(6)(b) — 4 cases
— 8 U.S.C. § 1229a(c)(6)(c) — 4 cases
— 8 U.S.C. § 1229a(c)(6)(i) — 2 cases
Sheraz v. Gonzales (2005) ca2
— 8 U.S.C. § 1229a(c)(6)(ii) — 1 case
— 8 U.S.C. § 1229a(c)(7) — 515 cases
Kucana v. Holder (2010) scotus “A similar provision, enacted as part of IIRIRA, is now contained in 8 U. S. C. §1229a(b)(5)(C) (2006 ed.). As the Government notes, this provision does not apply in this case because petitioner challenges the denial of his second motion to reopen, which the parties agree is gov…”
Dada v. Mukasey (2008) scotus “8 U.S.C. § 1229a(b)(5)(C) (providing that a removal order entered in absentia is stayed automatically pending a motion to reopen); and, though the BIA has discretion to deny the motion for a stay, it may constitute an abuse of discretion for the BIA to do so where the motion…”
Mendiola v. Holder (2009) ca10
Ochoa v. Holder (2010) ca8
— 8 U.S.C. § 1229a(c)(7)(A) — 958 cases
William v. Gonzales (2007) ca4 “See 8 U.S.C.A. § 1229a(c). These provisions virtually mimicked the pre-existing provisions in 8 C.”
Reyes Mata v. Lynch (2015) scotus
Yuen Jin v. Mukasey (2008) ca2 “The Board's treatment and application of 8 U.S.C. § 1229a (c)(7)(C)(ii) under the facts presented is not inconsistent with 8 U.”
Dada v. Mukasey (2008) scotus “8 U.S.C. § 1229a(b)(5)(C) (providing that a removal order entered in absentia is stayed automatically pending a motion to reopen); and, though the BIA has discretion to deny the motion for a stay, it may constitute an abuse of discretion for the BIA to do so where the motion…”
— 8 U.S.C. § 1229a(c)(7)(A)(C) — 3 cases
Khokhar v. Holder (2012) ca2
Ameti v. Holder (2013) ca2
— 8 U.S.C. § 1229a(c)(7)(A)(i) — 3 cases
— 8 U.S.C. § 1229a(c)(7)(B) — 276 cases
Yuen Jin v. Mukasey (2008) ca2 “The Board's treatment and application of 8 U.S.C. § 1229a (c)(7)(C)(ii) under the facts presented is not inconsistent with 8 U.”
— 8 U.S.C. § 1229a(c)(7)(C) — 362 cases
Yuen Jin v. Mukasey (2008) ca2 “The Board's treatment and application of 8 U.S.C. § 1229a (c)(7)(C)(ii) under the facts presented is not inconsistent with 8 U.”
Hui Zheng v. Holder (2009) ca4
Chen v. Garland (2022) ca2
— 8 U.S.C. § 1229a(c)(7)(C)(I) — 31 cases
Toufighi v. Mukasey (2008) ca9
Barry v. Mukasey (2008) ca6
Rosillo-Puga v. Holder (2009) ca10 “My respected colleagues in the majority conclude that 8 U.S.C. § 1229a is silent on the question of whether, subsequent to departure from the United States, an alien *1162 may file a motion to reconsider removability under § 1229a(c)(6)(A), or a motion to reopen removal…”
— 8 U.S.C. § 1229a(c)(7)(C)(h) — 1 case
Khokhar v. Holder (2012) ca2
— 8 U.S.C. § 1229a(c)(7)(C)(i) — 1278 cases
William v. Gonzales (2007) ca4 “See 8 U.S.C.A. § 1229a(c). These provisions virtually mimicked the pre-existing provisions in 8 C.”
Avagyan v. Holder (2011) ca9
Gor v. Holder (2010) ca6
— 8 U.S.C. § 1229a(c)(7)(C)(ii) — 1360 cases
Yuen Jin v. Mukasey (2008) ca2 “The Board's treatment and application of 8 U.S.C. § 1229a (c)(7)(C)(ii) under the facts presented is not inconsistent with 8 U.”
Toufighi v. Mukasey (2008) ca9
— 8 U.S.C. § 1229a(c)(7)(C)(iii) — 6 cases
Blanco v. Mukasey (2009) ca9
Blanco v. Mukasey (2009) ca9
— 8 U.S.C. § 1229a(c)(7)(C)(iv) — 71 cases
William v. Gonzales (2007) ca4 “See 8 U.S.C.A. § 1229a(c). These provisions virtually mimicked the pre-existing provisions in 8 C.”
Rosillo-Puga v. Holder (2009) ca10 “My respected colleagues in the majority conclude that 8 U.S.C. § 1229a is silent on the question of whether, subsequent to departure from the United States, an alien *1162 may file a motion to reconsider removability under § 1229a(c)(6)(A), or a motion to reopen removal…”
— 8 U.S.C. § 1229a(c)(7)(C)(l) — 2 cases
Rosero v. Lynch (2015) ca2
— 8 U.S.C. § 1229a(c)(7)(C)(n) — 1 case
— 8 U.S.C. § 1229a(c)(7)(a) — 1 case
— 8 U.S.C. § 1229a(c)(7)(c) — 2 cases
— 8 U.S.C. § 1229a(c)(7)(c)(i) — 7 cases
Twum v. Barr (2019) ca1
Bo Lin v. Holder (2012) ca2
Xu v. Atty Gen USA (2008) ca3
— 8 U.S.C. § 1229a(c)(7)(c)(ii) — 6 cases
— 8 U.S.C. § 1229a(c)(7)(e)(i) — 1 case
— 8 U.S.C. § 1229a(c)(7)(i) — 5 cases
— 8 U.S.C. § 1229a(c)(7)(ii) — 11 cases
— 8 U.S.C. § 1229a(c)(7)(iv) — 1 case
D-E-B (2025) bia
— 8 U.S.C. § 1229a(c)(A)(4)(i) — 1 case
— 8 U.S.C. § 1229a(c)(iv) — 1 case
Feitosa v. Garland (2024) ca5
— 8 U.S.C. § 1229a(c)(l) — 2 cases
— 8 U.S.C. § 1229a(c)(l)(A) — 15 cases
Mena-Flores v. Holder (2015) ca10
— 8 U.S.C. § 1229a(d) — 11 cases
— 8 U.S.C. § 1229a(d)(1) — 2 cases
— 8 U.S.C. § 1229a(d)(l) — 1 case
— 8 U.S.C. § 1229a(e) — 11 cases
Ovalles v. Holder (2009) ca5
— 8 U.S.C. § 1229a(e)(1) — 127 cases
Perez v. Mukasey (2008) ca9 “An in absentia removal order "may be rescinded only upon a motion to reopen filed within 180 days after the date of the order of removal if the alien demonstrates that the failure to appear was because of exceptional circumstances (as defined in subsection (e)(1) of this…”
— 8 U.S.C. § 1229a(e)(1)(A) — 1 case
— 8 U.S.C. § 1229a(e)(2) — 32 cases
Campos-Chaves v. Garland (2024) scotus
— 8 U.S.C. § 1229a(e)(2)(A) — 12 cases
Abufayad v. Holder (2011) ca9
J.E.F.M. v. Holder (2015) wawd
— 8 U.S.C. § 1229a(e)(2)(B) — 7 cases
Mozdzen v. Holder (2010) ca7
— 8 U.S.C. § 1229a(e)(3) — 2 cases
— 8 U.S.C. § 1229a(e)(3)(A) — 10 cases
Latu v. Mukasey (2008) ca9
Adefemi v. Ashcroft (2003) ca11
King v. Holder (2009) ca6
— 8 U.S.C. § 1229a(e)(3)(B) — 3 cases
Lopes v. Keisler (2007) ca1
— 8 U.S.C. § 1229a(e)(3)(B)(i) — 1 case
— 8 U.S.C. § 1229a(e)(3)(B)(vi) — 2 cases
Conteh v. Gonzales (2006) ca1
Flores v. Gonzales (2006) ca9
— 8 U.S.C. § 1229a(e)(4) — 1 case
Young v. Holder (2012) ca9 “Under the framework set out in 8 U.S.C. § 1229a, in order to carry his burden of proving that his conviction was not for a generic federal drug trafficking offense, Young must establish by a preponderance of the evidence that his conviction was for offering to sell cocaine,…”
— 8 U.S.C. § 1229a(e)(4)(A) — 3 cases
Cardenas v. Lynch (2016) ca9
— 8 U.S.C. § 1229a(e)(4)(A)(i) — 5 cases
Sanchez v. Holder (2010) ca8
Casarez v. Holder (2011) ca9
— 8 U.S.C. § 1229a(e)(4)(B) — 4 cases
Sharma v. Holder (2011) ca9
— 8 U.S.C. § 1229a(e)(4)(C) — 2 cases
Hernandez v. Holder (2013) ca2
Hong Chen v. Holder (2012) ca2
— 8 U.S.C. § 1229a(e)(5) — 3 cases
Ali v. Mukasey (2008) ca2
— 8 U.S.C. § 1229a(e)(5)(C) — 1 case
— 8 U.S.C. § 1229a(e)(6) — 7 cases
Luna v. Holder (2011) ca2
Rosillo-Puga v. Holder (2009) ca10 “My respected colleagues in the majority conclude that 8 U.S.C. § 1229a is silent on the question of whether, subsequent to departure from the United States, an alien *1162 may file a motion to reconsider removability under § 1229a(c)(6)(A), or a motion to reopen removal…”
— 8 U.S.C. § 1229a(e)(6)(A) — 7 cases
Rosillo-Puga v. Holder (2009) ca10 “My respected colleagues in the majority conclude that 8 U.S.C. § 1229a is silent on the question of whether, subsequent to departure from the United States, an alien *1162 may file a motion to reconsider removability under § 1229a(c)(6)(A), or a motion to reopen removal…”
— 8 U.S.C. § 1229a(e)(6)(B) — 4 cases
Gor v. Holder (2010) ca6
Singh v. Gonzales (2007) ca9
— 8 U.S.C. § 1229a(e)(6)(C) — 13 cases
Hui Zheng v. Lynch (2015) ca2
— 8 U.S.C. § 1229a(e)(6)(C)(i) — 4 cases
Chen v. Ashcroft (2005) ca1
— 8 U.S.C. § 1229a(e)(6)(C)(ii) — 2 cases
— 8 U.S.C. § 1229a(e)(6)(C)(iv) — 1 case
Pruidze v. Holder (2011) ca6
— 8 U.S.C. § 1229a(e)(7) — 27 cases
Luna v. Holder (2011) ca2
— 8 U.S.C. § 1229a(e)(7)(A) — 51 cases
Coyt v. Holder (2010) ca9
Sharma v. Holder (2011) ca9
— 8 U.S.C. § 1229a(e)(7)(A)(i) — 1 case
— 8 U.S.C. § 1229a(e)(7)(B) — 9 cases
Singh v. Holder (2010) ca2
— 8 U.S.C. § 1229a(e)(7)(C) — 14 cases
Zheng v. Mukasey (2007) ca8
Fichera v. Sessions (2017) ca2
— 8 U.S.C. § 1229a(e)(7)(C)(I) — 7 cases
Toufighi v. Mukasey (2008) ca9
Rosillo-Puga v. Holder (2009) ca10 “My respected colleagues in the majority conclude that 8 U.S.C. § 1229a is silent on the question of whether, subsequent to departure from the United States, an alien *1162 may file a motion to reconsider removability under § 1229a(c)(6)(A), or a motion to reopen removal…”
Ndoci v. Holder (2011) ca2
— 8 U.S.C. § 1229a(e)(7)(C)(i) — 77 cases
Singh v. Holder (2011) ca9
Mahamat v. Ashcroft (2005) ca10
— 8 U.S.C. § 1229a(e)(7)(C)(ii) — 104 cases
— 8 U.S.C. § 1229a(e)(7)(C)(iv) — 3 cases
Cardenas v. Lynch (2016) ca9
— 8 U.S.C. § 1229a(e)(7)(a) — 1 case
— 8 U.S.C. § 1229a(e)(7)(ii) — 1 case
— 8 U.S.C. § 1229a(e)(A) — 1 case
Sabino v. Reno (1998) txsd
— 8 U.S.C. § 1229a(e)(B) — 1 case
Sabino v. Reno (1998) txsd
— 8 U.S.C. § 1229a(e)(l) — 147 cases
Perez v. Mukasey (2008) ca9 “An in absentia removal order "may be rescinded only upon a motion to reopen filed within 180 days after the date of the order of removal if the alien demonstrates that the failure to appear was because of exceptional circumstances (as defined in subsection (e)(1) of this…”
Herbert v. Ashcroft (2003) ca1
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