(a) Motions addressed to service officials.

(1) Properly filed motion. 103.5 Reopening or reconsideration in other than special agricultural worker and legalization cases. (a)Motions addressed to service officials. (1) Properly filed motion. When an affected party submits a properly filed motion addressed to a Service official, the official having jurisdiction must prepare a formal written order. Such an order must give specific reasons for either affirming or reversing the prior decision.

(2) Deficient motion. When a motion is deficient under 8 CFR 103.5(a)(4) , the official must prepare a short written order rejecting the motion. Such an order must explain specifically why the motion was improperly filed. It also must state that:

(i) if the deficiency is corrected within 60 days of the motion's rejection, a decision will be made on the merits of the case, and

(ii) There is no further fee within 60 days, as long as the filing fee has already been paid and accepted by the Service. (TM 6/90)

(b) Exclusion or deportation proceedings.

Since an immigration judge in an exclusion or deportation proceeding has no authority to act on a motion to reopen or reconsider once an appeal to the BIA has been taken, the record file shall be forwarded to the BIA on appeal with the motion. However, if the alien consents, in writing, to withdraw his appeal, the immigration judge may then reopen or reconsider the case if the record file is still in the field office.

(c) Motions filed in connection with immigration judge's decisions.

When a motion is filed, addressed to the jurisdiction of the immigration judge, there should be strict compliance with the ten-day period specified in 8 CFR 103.5 for reply by the other party, unless the immigration judge for proper cause grants additional time. (TM 6/90)