Dismissal of petitions.

CFR · 2024-01-01 · US · Title 10

The Director may issue a Decision and Order dismissing a petition at any time during the course of a proceeding. The Decision and Order shall state whether the dismissal is with prejudice or without prejudice. A Decision and order Dismissing a petition may be the subject of a motion for reconsideration in accordance with § 1003.19 of this part. (a) (1) The OHA lacks jurisdiction to consider the petition; (2) The petitioner has already received a Decision and Order from the Director in response to a previously filed petition that addresses the same issue; (3) The petitioner provides a false statement under oath or files a false instrument with the OHA, as determined by the OHA; (4) The petitioner refuses to comply with an order issued by the OHA; (5) The petition is untimely; (6) The issues raised in the petition are moot; (7) The petitioner repeatedly fails to comply with procedural requirements; or, (8) The same or a substantially similar petition was previously dismissed by the OHA without prejudice, and the same basis for dismissal without prejudice exists upon refiling by the same petitioner. (b) (1) The petitioner fails to include any of the required elements of a petition set forth in § 1003.11 of this part; (2) The petitioner fails to provide notice as required by § 1003.12 of this part; (3) The petitioner fails to timely provide documents or information at the request of the OHA pursuant to § 1003.14 or § 1003.15 of this part; (4) The petition fails to state a claim u

official document · source cfr-2024 · id 10:§ 1003.16