United States Tenth Circuit

In a petition for review of the denial of petitioner's motion to reconsider or reopen his deportation proceedings, the petition is denied where 8 C.F.R. section 1003.23(b)(1) was a valid exercise of the Attorney General's Congressionally-delegated rule-making authority, and did not contravene 8 U.S.C. sections 1229a(c)(6)(A) or (7)(A), and thus the Immigration Judge lacked jurisdiction over petitioner's motion because petitioner had previously been removed from the U.S.

Appellate Information

• Decided 09/15/2009
• Published 09/15/2009

Judges

• ANDERSON, Circuit Judge., Before LUCERO, ANDERSON, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Cynthia G. Burnside, Holland & Knight LLP, Atlanta, GA (Laurie Webb Daniel, Kimberly R. Ward, Holland & Knight LLP, Atlanta, GA, and Rachel E. Rosenbloom, Post-Deportation Human Rights Project Center for Human Rights and International Justice, Boston College, Newton, MA, with her on the briefs) for Petitioner., Trina Realmuto and Beth Werlin, Washington, D.C., filed an amicus curiae brief on behalf of the American Immigration Law Foundation.


• For Appellees:
  
• James A. Hurley, Attorney (Anh-Thu P. Mai, Senior Litigation Counsel, with him on the brief), United States Department of Justice, Civil Division, Washington, D.C., for Respondent.