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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

CIRCUIT RULE 36-2

CRITERIA FOR PUBLICATION

A written, reasoned disposition shall be designated as an OPINION only if
it:

(a) Establishes, alters, modifies or clarifies a rule of law, or

(b) Calls attention to a rule of law which appears to have been generally
overlooked, or

(c) Criticizes existing law, or

(d) Involves a legal or factual issue of unique interest or substantial
public importance, or

(e) Is a disposition of a case in which there is a published opinion by a
lower court or administrative agency, unless the panel determines that
publication is unnecessary for clarifying the panel's disposition of the
case, or

(f) Is a disposition of a case following a reversal or remand by the United
States Supreme Court, or

(g) Is accompanied by a separate concurring or dissenting expression, and
the author of such separate expression requests publication of the
disposition of the Court and the separate expression.

CIRCUIT RULE 36-4

REQUEST FOR PUBLICATION

Publication of any unpublished disposition may be requested by letter
addressed to the Clerk, stating concisely the reasons for publication. Such
a request will not be entertained unless received within 60 days of the
issuance of this Court's disposition. A copy of the request for publication
must be served on the parties to the case. The parties will have 10 days
from the date of service to notify the Court of any objections they may have
to the publication of the disposition. If such a request is granted, the
unpublished disposition will be redesignated an opinion.



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