EOIR plans to modify departure bar rule on motions to reopen / reconsider

Original Date Announced
October 18, 2018
EOIR announces its plans to revise regulations that bar the filing of a motion to reopen or a motion to reconsider after a respondent has departed the United States. The "departure bar" on motions is found at 8 C.F.R. § 1003.2(d) and 1003.23(b)(1).
[ID #186]
Office of Information and Regulatory Affairs: Plan to propose rule re Immigration Courts and Board of Immigration Appeals: Motions to Reopen and Reconsider: Effect of Departure or Removal (RIN: 1125-AA74)
Subsequent Trump and Court Action(s)
- Office of Information and Regulatory Affairs: Plan to propose rule re Motions to Reopen and Reconsider; Effect of Departure; Stay of Removal (RIN: 1125-AB01)
  The RIN 1125-AA74 proposal last appeared in the Spring 2018 Unified Agenda. Nothing on the same subject was in either the Fall or Spring 2019 Agenda. This newly-titled rule is now listed in the Spring 2020 Agenda, with a new RIN number, a much briefer description ("The Department of Justice (Department) proposes to amend the regulations governing the filing and adjudication of motions to reopen and reconsider and to add regulations governing requests for discretionary stays of removal."), and a change in priority from "Substantive, Nonsignificant" to "Other Significant." View Document

Fully in Effect

Status: In Regulatory Agenda

Trump Administration Action: Rule

Subject Matter: Hearings and Adjudications

Agencies Affected: EOIR

Pre Trump-Era Policies

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