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

  1. 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)

Current Status

Fully in Effect

Original Trump Policy Status

Trump Administration Action: Rule
Subject Matter: Hearings and Adjudications
Agencies Affected: EOIR

Pre Trump-Era Policies

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