What is a sua sponte motion?
Latin for “of one’s own accord; voluntarily.” Used to indicate that a court has taken notice of an issue on its own motion without prompting or suggestion from either party.
What are the rules for motions to reopen?
The regulations for motions to reopen and motions to reconsider are located at 8 C.F.R. § 103.5. 4.2 Motions to Reopen A motion to reopen must state new facts and be supported by documentary evidence. Resubmitting previously provided evidence or reasserting previously stated facts will not meet the requirements of a motion to reopen.
Is there fee for combined motion to reopen and reconsider?
There is no additional fee for a combined motion to reopen and motion to reconsider. In certain categories of cases, USCIS may waive the fee for Form I-290B if the appellant can show an inability to pay.
When to use Family Law Division motion to re-open?
FAMILY LAW DIVISION MOTION TO/FOR RE-OPEN / REHEARING / VACATE / COMPEL (Packet #28) USE THIS PACKET IF YOU WANT TO ASK THE COURT TO DO ONE OF THE FOLLOWING: 1) Set aside a Dismissal and Reopen the case, or 2) Give you a Rehearing, or 3) Vacate an order from a Hearing Officer, or 4) Compel compliance with Mandatory Disclosure.
Can a BIA motion be reopened on its own?
Finally, the BI A’s regulations provide that, separate and apart from acting on the alien’s motion, the BIA may reopen removal proceedings “on its own motion” —or, in Latin, sua sponte —at any time. 8 C.F.R. § 1003.2(a) (2015) . Mata v. Lynch ]
What’s the difference between a motion to reopen and motion to reconsider?
The difference between a motion to reopen and the motion to reconsider we just discussed is arguments for a motion to reopen must introduce facts that were not previously available. Affidavits or new factual evidence you have discovered should support your arguments.
Is there a time limit on a motion to reopen?
On very rare occasions, the Department of Homeland Security will agree to or join in a motion to reopen. Your attorney may seek department consent or agreement to reopen depending on the nature and facts of your case. Due to the nature of the department filing, there is no time limit for when to reopen.
What happens if the AAO reopens on its own motion?
If the AAO reopens on its own motion and the new decision may be unfavorable to the appellant, the AAO will notify the appellant and provide 30 days to submit a brief. [128] The AAO may extend the deadline for submitting a brief upon request if the appellant shows good cause. [129]
Can a Department of Homeland Security file a motion to reopen?
Homeland Security files to reopen your case. On very rare occasions, the Department of Homeland Security will agree to or join in a motion to reopen. Your attorney may seek department consent or agreement to reopen depending on the nature and facts of your case. Due to the nature of the department filing, there is no time limit for when to reopen.