United States First Circuit

The Board of Immigration Appeals (BIA) improperly denied petitioner's motion to reopen his case, where the agency's regulation known as the "post-departure bar," which precludes a non-citizen from filing a motion to reopen "subsequent to his or her departure from the United States," cannot prevent a non-citizen from invoking his statutory right to file a motion to reopen.

Appellate Information

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

Judges

• LIPEZ

Court

• United States First Circuit

Counsel