INS Advises on Motions to Reopen/Reconsider

Dear Mr. Gordon:

This is in response to your letter of February 9 requesting clarification of the provisions of 8 CFR 103.5(a)(1)(i) which became effective February 10, 1994. I regret that due to the emergency office closure we were not able to respond earlier.

As you state, the rule does not contain retroactive provisions. However, it does apply from February 10, 1994 forward to all motions to reconsider or motions to reopen filed under this regulation. Accordingly, any such motion pertaining to a decision issued prior to that date must be submitted on or before March 14, 1994.

Lawrence J. Weinig

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