WebAn order entered in absentia pursuant to section 240 (b) (5) may be rescinded upon a motion to reopen filed at any time if the alien demonstrates that he or she did not receive notice in accordance with sections 239 (a) (1) or (2) of the Act, or the alien demonstrates that he or she was in Federal or state custody and the failure to appear was … Web(A) the alien has been physically present in the United States for a period of at least one year immediately preceding the date the notice to appear was served under section 239(a); (B) the alien is, and has been, a person of good moral character for at least 5 years immediately preceding the alien's application for voluntary departure;
APPENDIX A SAMPLE STATUTORY MOTION TO RECONSIDER …
Web(2) of section 239(a) 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 WebSection 239 of the INA is titled “Initiation of removal proceedings,” and lays out various requirements for the government to commence removal proceedings against an individual. See generally INA § 239. Within § 239, INA § 239(a) requires the issuance of a “notice to appear” that contains certain specified information. csulb reinstatement workshop
Matter of Alexandre Ricardo Marcelo FERNANDES, …
WebINA: ACT 239 - INITIATION OF REMOVAL PROCEEDINGS . Sec. 239. 1/ (a) Notice to Appear.- (1) In general.-In removal proceedings under section240 , written notice (in this section referred to as a "notice to appear") shall be given in person to … WebA 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 ... WebJun 24, 2024 · SUBJECT: INA 212(a)(9)(B) Policy Manual Guidance . Purpose . U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual on inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act (INA), specifically, the effect of returning to the United States during the statutory 3-year … early voting aspley