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United States First Circuit


Pena-Muriel v. Gonzales, 05-1937

Refusal to reopen removal proceedings after a criminal conviction was vacated is affirmed where: 1) a statutory change did not alter a regulation prohibiting a motion to reopen after the removal subject had left the U.S.; and 2) the denial of the motion to reopen did not violate due process.

Appellate Information

  • Decided 06/13/2007
  • Published 06/13/2007

Judges

  • LIPEZ, Circuit Judge., Before BOUDIN, Chief Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Ronald Olen, for petitioner.

  • For Appellees:
  • Papu Sandhu, Senior Litigation Counsel, Michael J. Sullivan, U.S. Attorney, Frank Crowley, Special Assistant U.S. Attorney, Peter D. Keisler, Assistant Attorney General, and David M. McConnell, Deputy Director, on brief for respondent.
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