United States Fourth Circuit

Petition for review of an order denying a motion to reopen immigration proceedings that was filed after petitioner had been removed from the U.S. is granted and the order vacated where the regulation the BIA relied on to deny the motion lacks authority and is invalid since it conflicts with 8 U.S.C. 1229a(c)(7)(A) by restricting the availability of motions to reopen to those aliens who remain in the U.S.

Appellate Information

• Decided 09/06/2007
• Published 09/06/2007

Judges

• Before WILLIAMS, Chief Judge, and MICHAEL and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Craig D. Margolis, Vinson & Elkins, Washington, D.C., for Petitioner.  Daniel Eric Goldman, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.   ON BRIEF:  Tirzah S. Fitzkee, Amy L. Riella, Vinson & Elkins, Washington, D.C., for Petitioner.  Peter D. Keisler, Assistant Attorney General, Civil Division, M. JocelynLopez Wright, Assistant Director, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.  Trina Realmuto, Beth Werlin, American Immigration Law Foundation, Washington, D.C., for Amicus Supporting Petitioner.