Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

A new case from the BIA: (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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