United States Fifth Circuit

In a petition for review of the BIA's denial of petitioner's motion to reopen his deportation hearing, the petition is denied where the departure bar, 8 C.F.R. section 1003.23(b)(1), applied to an alien who departed the U.S. after receiving notice of his deportation proceeding, but before the proceeding was completed and the Immigration Judge entered a deportation order.

Appellate Information

• Decided 04/09/2010
• Published 04/09/2010

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before DAVIS, WIENER, and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Dhanvir Toora, Sickerville, NH, pro se.


• For Appellees:
  
• Gladys Marta Steffens Guzman, Tangerlia Cox, Thomas Ward Hussey, Ernesto Horacio Molina, Jr., Dept. of Justice, Office of Immigration Lt., Washington, DC, E.M. Trominski, Harlingen, TX, for Respondent.