In the Matter of Tuakoi

1 Citing case

  1. Shaar v. Immigration and Naturalization Ser

    141 F.3d 953 (9th Cir. 1998)   Cited 62 times
    Holding pre-IIRIRA version of § 1229c(d), § 1252b(e), prohibits an alien who has remained in the United States after the scheduled departure date from applying for adjustment of status, even if the alien sought reopening before departure date

    Moreover, the regulations do not provide for a stay or tolling upon the filing of a petition to reopen. See Matter of Tuakoi, Interim Decision 3004, 19 I. N. Dec. 341, 349 (BIA 1985); 8 C.F.R. § 3.8(a) (1995) (the filing of a motion to reopen does not stay proceedings); cf. 8 C.F.R. § 3.6 (1995) (stay of an appeal is provided for, except from denial of a motion to reopen or reconsider). Beyond that, if an extension of the voluntary departure date is desired, the District Director has the authority to grant it.