What is the consequence of Amial's failure to file a motion to reopen with the BIA?

MultiRegion, United States of America

The following excerpt is from Amial-Clara v. U.S. I.N.S., 972 F.2d 1336 (9th Cir. 1992):

Amial has indicated that he intends to file a motion to reopen with the BIA. In exercise of our discretion, we stay the mandate for sixty days from the filing of this memorandum of disposition to allow Amial the opportunity to file a motion to reopen with the BIA. If such motion is filed, the mandate will be stayed for such further time as is necessary for the BIA's disposition of Amial's motion. See Roque-Carranza v. INS, 778 F.2d 1373, 1374 (9th Cir.1985). If Amial fails to file the motion within the 60-day period, the mandate will issue without further notice. 3

Other Questions

When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
Does a motion to reopen or reconsider a final order of deportation need to be consolidated with a motion seeking to reopen and reconsider? (MultiRegion, United States of America)
What is the test for a motion to amend a motion where the motion is seeking leave to amend the motion? (MultiRegion, United States of America)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
What is the test for dismissing a motion to amend or dismiss a motion alleging that the motion contains defects that can be cured by amendment? (MultiRegion, United States of America)
What is the test for a stay application to stay a motion of motion against a motion to remove a child from the family home? (Canada (Federal), Canada)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
What is the standard of review required for a motion to amend a motion where a motion is brought in without a judicial review? (MultiRegion, United States of America)
In a motion to vacate and remand the convictions for failure to comply with the Jencks Act, is the failure of the evidence sufficient to grant a new trial? (MultiRegion, United States of America)
What are some cases where the US Supreme Court has ruled in favour of a motion for a motion to dismiss a motion that would have prevented the use of the word "brawer" in the context of the Brawer case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.






Alexi purple


Company

  • About
  • Contact us
  • Press
  • Matters
  • Legal

    • Product

  • How it works
  • Pricing
  • Solo & small firms
  • Midsize firms
  • Large firms
  • In-house counsel

    • Resources

  • Resource hub
  • Sample memos
  • Blog
  • FAQ


    • © Copyright 2023 Alexi Inc. All rights reserved.