THE Department of Justice has issued a circular sampling that appeals process for orders, resolutions and decisions of the Bureau of Immigration filed before the BI.
Under Department Circular 23 that took effect last November 21, a person who challenges any BI order, resolution or decision has to file only a notice of appeal with the Office of the Secretary of Justice (SOJ) within 15 days from receipt of the documents sought to be challenged.
Upon filing of a notice of appeal, the appellant is given only 15 days to file his or her memorandum for review of the justice department, which would be reviewed by the Department of Justice (DOJ).
Justice Undersecretary and Spokesman Markk L. Perete said the filing of an appeal notice does not stay the execution of the challenged order, resolution or decision.
Perete added the SOJ is empowered to grant interim reliefs, one of which is the temporary stay of the execution of an order, resolution or decision issued by BI.
Likewise, under the circular parties-in-interest would be given a chance to intervene in the appeal, he said.
Perete said that the BI’s omnibus rules provide a 30-day period and automatic stay of execution of any order, resolution or decision pending appeal which is inconsistent with the Administrative Code (AC).
Under the AC, Perete noted that a BI deportation order becomes executory 30 days after its promulgation unless countermanded by the President.