Matter of Teklay (Board decision, May 22, 1987)

Matter of Teklay (BIA ID 3027): legalization filing deadline clarified

Decision type
Board decision
Dockets
ID 3027, A-15175020
Decided
May 22, 1987
Outcome
Procedural
Precedential status
Citable Board precedent
Checked against source
2026-08-29

Apply this precedent to your situation

This is citable Board precedent from 1987, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1987
The immigration statutes and regulations may have been amended, and later Board or court decisions may have changed the analysis since then. Treat this page as historical context, not current advice. Verify current law before relying on any specific rule mentioned here.
Final BIA decision
This published precedent is a final decision of the Board of Immigration Appeals. Under the Board's Policy Manual, Chapter 1.4(d), an order issued by the Board is final unless and until it is stayed, modified, rescinded, or overruled by the Board, the Attorney General, or a federal court, and it is effective as of its issuance date unless the order provides otherwise. This is a published precedent decision, not an unpublished party-only disposition.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official BIA release. The full text is the agency's own release.
Read the official release (justice.gov)

Plain-English summary

The Board reconsidered an earlier order that had continued a deportation appeal while the respondent pursued legalization under the Immigration Reform and Control Act of 1986. It clarified that the respondent and similarly situated applicants were required to meet a 30-day filing period only when that period was specifically required by the Service's final legalization regulations. Because the regulations did not impose that 30-day period on applicants apprehended or placed in proceedings before November 6, 1986, the regulatory filing period controlled. The Board reinstated its earlier order as clarified.

Decision snapshot

  • Cited authorities: 8 C.F.R. §§ 245a and 245a.2
  • Outcome: The Board's earlier order was reinstated with the legalization filing-deadline clarification.
  • Key point: A 30-day legalization filing deadline applied only where the governing regulations specifically required it.

Full text (BIA official public release)

Interim Decision *3027

MATTER OF TEKLAY

In Deportation Proceedings

A-15175020

Decided by Board May 22, 1987

Orders of the Board of Immigration Appeals which provided that applications for legalization would have to be "filed within 30 days of the date designated by the Attorney General for the initial acceptance of applications" are clarified to provide that the 30-day filing period is only required as specifically mandated by the Immi- gration and Naturalization Service's final rules. CHARGE: Order: Act of 1952—Sec. 241(aX2) [8 U.S.C. § 1251(aX2)]—Nonimmigrant—re- xnained longer than permitted
ON BEHALF OF RESPONDENT: ON BEHALF OF SERVICE:
James J. Orlow, Esquire
Richard J. Sharkey
Orlow, Fuller, Rubin & Steel
District Counsel
936 Public Ledger Building
6th and Chestnut Street
Philadelphia, Pennsylvania 19106

BY: Milhollan, Chairman; Dunne, Morris, Vacca, and Heilman, Board Members

On March 27, 1957, pursuant to a stipulation of the parties, the proceedings on appeal in this case were ordered continued. indefi- nitely without further action by the Board of Immigration Appeals pending the respondent's opportunity to apply and be considered for legalisation under the provisions of section 201 of the Immigra- tion Reform and Control Act of 1986, Pub. L. No. 99-603, 100 Stat 3359, 3394. The March 27, 1987, order will be further considered and clarified on our own motion. The March 27, 1987, order preceded the issuance by the Immigra- tion and Naturalization Service of the final rules governing appli- cations for legalization. The order provided that any application would have to be "submitted pursuant to the regulations to be pub- lished regarding applications for legalization." It was also stated that the application would have to be "filed within 30 days of the

437
Interim Decision #3027

date designated by the Attorney General for the initial acceptance of applications." This latter provision was intended to be caution- ary le., to guard against the possibility that a 30-day filing require- ment would be imposed and the alien not become aware of this sig- nificant time restriction. The Service has now promulgated the final rules regarding appli- cations for legalization. See 52 Fed.. Reg. 16, 205-216 (1987) (to be codified at 8 C.F.R. § 245a). The regulations do not require aliens, such as the respondent, who were either apprehended by the Serv- ice before November 6, 1986, or were the subject of Orders to Show Cause issued before November 6, 1986, to file applications for legal- ization within 30 days of May 5, 19E7, the date designated for the initial acceptance of such applications. Accordingly, our March 27, 1987, order in this case, and all other Board orders in which this 30-day filing period was referenced, are clarified to provide that the Service regulations govern applications for legalization. The appli- cation period set forth in the regulations is controlling and the filing of an application within 30 days is only required as specifical- ly mandated by the regulations. See 13 C.F.R. § 245a.2 (1988). ORDER: On reconsideration, the Board's March 27, 1987, order is reinstated as clarified herein.

438

Does this precedent still control your case?

Ezel checks whether it still stands, including any court review since, and applies it to your situation with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace