Motion Reopen Order With Bia

Category:
State:
Florida
Control #:
FL-01796BG
Format:
Word; 
Rich Text
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Description

According to Florida Rule of Criminal Procedure 3.852(f), upon the entry of an appropriate court order, sealed containers subject to an inspection by the trial court shall be shipped to the clerk of court. The containers may be opened only for inspection by the trial court in camera. The moving party shall bear all costs associated with the transportation and inspection of such records by the trial court. The trial court shall perform the unsealing and inspection without ex parte communications and in accord with procedures for reviewing sealed documents.

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FAQ

§ 1003.23(b)(3) . A motion to reopen is not granted unless it appears to the immigration judge that the evidence offered is material and was not available and could not have been discovered or presented at an earlier stage in the proceedings.

The notice you received with the adverse decision will state whether you may file an appeal or a motion. Although you may be eligible to file an appeal and a motion, you may only file one or the other using a single Form I-290B.

(a) In General ? A motion to reopen requesting that an in absentia order be rescinded asks the immigration judge to consider the reasons why the respondent did not appear at the respondent's scheduled hearing. See Chapter 4.17 (In Absentia Hearing).

The Fourth Circuit held that the plain language of the regulations confers on IJs and the BIA the inherent authority to terminate removal proceedings.

You may seek further review by filing a motion to reopen or reconsider on Form I-290B, Notice of Appeal or Motion, but there is no appeal available from such a determination.

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Motion Reopen Order With Bia