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Matthew Kolken on Deportation And Removal

New Board of Immigration Appeals Decision re: Limitations for filing a motion to reopen

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The Board of Immigration Appeals has just issued the following decision: Matter of MONGES-Garcia, 25 I&N Dec. 246 (BIA 2010).

The Board ruled that:

(1) The 90-day time limitation for filing a motion to reopen in 8 C.F.R. 1003.23(b)(1)(2010) applies to motions to reopen in absentia deportation orders for the purpose of adjusting status, whether filed before or after the 1996 promulgation of the regulations.

(2) The 5-year limitation on discretionary relief for failure to appear at deportation proceedings under former section 242B(e)(1) of the Immigration and Nationality Act, 8 U.S.C. 1252b(e)(1) (1994), is not in conflict with, and does not provide an exception to, the 90-day deadline for filing a motion to reopen in 8 C.F.R. 1003.23(b)(1).

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