United States Seventh Circuit

A Mexican citizen's petition for review of the BIA's dismissal of petitioner's motion to reconsider an order of removal for lack of jurisdiction under section 1003.2(d), on the ground that petitioner had already been removed to Mexico, is granted as section 1003.2(d) is untenable as a rule about subject-matter jurisdiction as the Immigration and Nationality Act authorizes the Board to reconsider or reopen its own decision, and it does not make that step depend on the alien's presence in the United States.

Appellate Information

• Argued 04/16/2010
• Decided 07/14/2010
• Published 07/14/2010

Judges

• EASTERBROOK, C.J.

Court

• United States Seventh Circuit

Counsel