United States Third Circuit

A motion to reopen that has not been intentionally delayed and has been filed prior to the date of voluntary departure, but not acted upon by the immigration authorities, falls within the "exceptional circumstances" exception of the Immigration and Nationality Act.

Appellate Information

• Argued 12/15/2004
• Decided 02/25/2005
• Published 02/25/2005

Judges

• Before NYGAARD and GARTH, Circuit Judges, and POLLAK, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Robert Frank, (argued), Newark, for Petitioner Miguel Castro Barrios.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Civil Division, Michelle E. Gorden, Senior Litigation Counsel, Office of Immigration Litigation, Thomas H. Tousley (argued), Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, for Respondent Attorney General of the United States.