Section 1229a - Removal proceedings

7 Analyses of this statute by attorneys

  1. Supreme Court Decides Mata v. Lynch

    Faegre Baker Daniels LLPBeth CarlsonJune 17, 2015

    Under the Immigration and Nationality Act (INA), after an immigration judge orders that an alien be removed from the United States, the alien may appeal to the Board. 8 U.S.C. §§1229a(a)(1), (c)(5). The alien also has a statutory right to file one motion to reopen the removal proceedings, but he must file that motion within 90 days of the final removal order.

  2. 6th Cir: Post-departure bar isn’t jurisdictional

    University of Denver Sturm College of LawFebruary 28, 2011

    Today, the INA expressly provides an alien the right to file one motion to reopen and one motion to reconsider. See 8 U.S.C. § 1229a(c)(6)(A) (regarding motions to reconsider); § 1229a(c)(7)(A) (regarding motions to reopen). The statute makes no reference to the movant’s geographical location.

  3. Appointed counsel, Detention, Bond, & Stipulated Removal Provisions of Senate Bill

    University of Denver Sturm College of LawApril 17, 2013

    3502(c), “Improving Immigration Court Efficiency and Reducing Costs By Increasing Access To Legal Information,” at bill p. 567 et. seq. (providing changes to 8 USC 1362, the current statutory right to counsel section, and 8 U.S.C. 1229a(b)(4), “alien’s rights in [removal] proceeding”). It also gives the Attorney General authority to appoint counsel at government expense to noncitizens in removal proceedings, “in the Attorney General’s sole and unreviewable discretion.”

  4. 10 Cir: Gov doesn’t have to prove conviction satisfied 6th Amend

    University of Denver Sturm College of LawAugust 30, 2011

    Waugh, No. 10-9551, slip op. at 6 (citing 8 U.S.C. § 1229a(c)(3)(A)).The court then explained that Waugh improperly relied on the Padilla Court’s recognition that criminal law and immigration law have become increasingly intertwined over recent decades such that today “deportation is an integral part—indeed, sometimes the most important part—of the penalty that may be imposed on noncitizen defendants who plead guilty to specified crimes.”

  5. 9th Cir: Post-departure bar doesn’t preclude motion to reopen filed after removal; aggravated felony doesn’t apply to pre-Nov. 1988 convictions

    University of Denver Sturm College of LawApril 13, 2011

    Today, the INA expressly provides an alien the right to file one motion to reopen and one motion to reconsider. See 8 U.S.C. § 1229a(c)(6)(A) (regarding motions to reconsider); § 1229a(c)(7)(A) (regarding motions to reopen). The statute makes no reference to the movant’s geographical location.

  6. 5th Circuit: Upholds Post-Departure Bar on Motions to Reopen/Reconsider

    University of Denver Sturm College of LawJuly 29, 2009

    Any departure from the United States, including the deportation or removal of a person who is the subject of exclusion, deportation, or removal proceedings, occurring after the filing of a motion to reopen or a motion to reconsider, shall constitute a withdrawal of such motion.”Ovalles first argued the post-departure bar contradicts the clear language of 8 U.S.C. § 1229a(c)(6)(A) and (c)(7)(A) that an “alien may file one motion to reconsider” and “may file one motion to reopen.” According to the Court, Ovalles urged it to follow the Fourth Circuit’s decision in William v. Gonzales, 499 F.3d 329, 331-34 (4th Cir. 2007), in which the Fourth Circuit “held that the post-departure bar in section 1003.

  7. 10th Circuit: Burden on respondent to request correction of transcript errors

    University of Denver Sturm College of LawJuly 20, 2009

    In a decision released last week, the Tenth Circuit considered a respondent’s claim that the poor quality of the transcript of his removal proceedings constituted a violation of his due process rights. 8 U.S.C. § 1229a(b)(4)(C); 8 C.F.R. § 1240.9.