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EOIR was created in 1983 by the Department of Justice (DOJ) as part of an internal reorganization. [6] Prior to 1983, the functions performed by EOIR were divided among different agencies. The earliest version of a specialized immigration service was the Immigration and Naturalization Service (INS), created in 1933, in the Department of Labor. [7]
Noncitizens can file one motion to reconsider the decision of an immigration judge, which must be filed within 30 days of the final order being issued. [32] Noncitizens can also file 1 motion for reopening their case, which must be filed within 90 days of the final order of removal. [33]
Pereida v. Wilkinson, 592 U.S. ___ (2021), was a United States Supreme Court case in which the Court ruled that a non-citizen seeking cancellation of an administrative removal order does not meet the statutory burden of proving their eligibility for cancellation under the Immigration and Nationality Act (INA) [1] unless they can show that a past criminal conviction was not disqualifying, even ...
Cancellation of removal is a provision of the Immigration and Nationality Act (INA) of the United States that allows some aliens who are in removal proceedings, who have lived in the United States for a long period of time and meet certain other conditions, to apply to remain in the United States and have the removal proceedings terminated. [1]
The Board of Immigration Appeals (BIA) is an administrative appellate body within the Executive Office for Immigration Review of the United States Department of Justice responsible for reviewing decisions of the U.S. immigration courts and certain actions of U.S. Citizenship Immigration Services, U.S Customs and Border Protection, and U.S. Immigration and Customs Enforcement.
An immigration judge, formerly known as a special inquiry officer, [1] is an employee of the United States Department of Justice. [2] An immigration judge decides cases of aliens in various types of removal proceedings.
Involuntary dismissal is made by a defendant through a motion for dismissal, on grounds that plaintiff is not prosecuting the case, is not complying with a court order, or to comply with the Federal Rules of Civil Procedure. Involuntary dismissal can also be made by order of the judge when no defendant has made a motion to dismiss.
A dispositive motion may also be used to request that an indictment be dismissed or quashed, or for judgment on pleadings. At least in some jurisdictions, a corporation's motion to terminate a shareholder's derivative suit is treated as a dispositive motion. See, e.g., Dreiling v.
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