United States Tenth Circuit

In a petition for review of the BIA's denial of petitioner's second motion to reopen his removal proceedings, the petition is denied where the BIA correctly determined that 8 C.F.R. section 1003.2(d)'s post-departure bar divested it of jurisdiction to review a motion to reopen filed by a removed alien, like petitioner, even though relevant regulations allowed an alien to file one motion to reopen within 90 days.

Appellate Information

• Decided 10/28/2009
• Published 10/28/2009

Judges

• BALDOCK, Circuit Judge., Before MURPHY, BALDOCK, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Kari E. Hong, Portland, OR, for Petitioner.


• For Appellees:
  
• R. Alexander Goring, Office of Immigration Litigation, (Michelle Gorden Latour, Assistant Director, Office of Immigration Litigation, with him on the briefs) United States Department of Justice, Washington, D.C., for Respondent.