[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR240.53]

[Page 477]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 240--PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES--Table of Contents
 
   Subpart E--Proceedings to Determine Deportability of Aliens in the 
 United States: Hearing and Appeal (for Proceedings Commenced Prior to 
                             April 1, 1997)
 
Sec. 240.53  Appeals.

    (a) Pursuant to 8 CFR part 3, an appeal shall lie from a decision of 
an immigration judge to the Board, except that no appeal shall lie from 
an order of deportation entered in absentia. The procedures regarding 
the filing of a Form EOIR-26, Notice of Appeal, fees, and briefs are set 
forth in Secs. 3.3, 3.31, and 3.38 of this chapter. An appeal shall be 
filed within 30 calendar days after the mailing of a written decision, 
the stating of an oral decision, or the service of a summary decision. 
The filing date is defined as the date of receipt of the Notice of 
Appeal by the Board. The reasons for the appeal shall be stated in the 
Form EOIR-26, Notice of Appeal, in accordance with the provisions of 
Sec. 3.3(b) of this chapter. Failure to do so may constitute a ground 
for dismissal of the appeal by the Board pursuant to Sec. 3.1(d)(2) of 
this chapter.
    (b) Prohibited appeals; legalization or applications. An alien 
respondent defined in Sec. 245a.2(c)(6) or (7) of this chapter who fails 
to file an application for adjustment of status to that of a temporary 
resident within the prescribed period(s), and who is thereafter found to 
be deportable by decision of an immigration judge, shall not be 
permitted to appeal the finding of deportability based solely on refusal 
by the immigration judge to entertain such an application in deportation 
proceedings.

[62 FR 10367, Mar. 6, 1997, as amended at 66 FR 6446, Jan. 22, 2001]

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