New circular on deportation of foreigners now in effect

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    THE Department of Justice yesterday said a new circular in which foreigners facing deportation cases will have to leave the country in 30 days even if their appeal is still pending became effective last week.

    “The department circular puts in place the rules on appeals from order, resolutions and decisions of the BI on immigration and immigration-related matters. It was published on November 6 and became effective on November 21,” Justice Undersecretary Markk Perete said.

    The circular was issued by Justice Secretary Menardo Guevarra on October 9.

    Perete said the rules “simplify the appeals process” which are now initiated by mere filing of a notice to the Office of the Secretary within 15 days from receipt of the decision, resolution or order which appellant seeks to challenge.

    “From the filing of such notice, appellant has another 15 days within which to file the appeal memorandum. Consistent with the Administrative Code, as well as the Rules of Court, Department Circular 23 provides that the filing of an appeal does not stay the execution of the decision, resolution or order appealed from,” he said.

    “An alien deportee may apply for the interim relief of stay from execution pending appeal.

    If such application is denied or unacted upon within the period of 30 days from promulgation of the challenged order, the alien deportee must leave,” he added. – Ashzel Hachero