United States First Circuit

A petition for review of the Board of Immigration Appeals (BIA) decision dismissing petitioner's appeal is granted where: 1) the agency's post-departure bar regulation conflicts with the unambiguous language of the motion to reopen statute; and thus, 2) this regulation cannot preclude petitioner from vindicating her statutory right to seek reopening of her removal proceedings.

Appellate Information

• Decided 09/27/2013
• Published 09/27/2013

Judges

• LIPEZ

Court

• United States First Circuit

Counsel