United States Ninth Circuit

Peruvian alien's motion to reopen his deportation proceedings is granted, because five years has elapsed since his grant of voluntary departure. The only penalty specified for failure to depart is ineligibility for certain immigration benefits for a period of five years, per 8 U.S.C. section 1252b(e)(2)(A).

Appellate Information

• Argued 02/13/2004
• Decided 04/01/2004
• Published 04/01/2004

Judges

• BETTY B. FLETCHER, Circuit Judge:, Before: B. FLETCHER, PREGERSON, and BRUNETTI, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Vadim Yuzefpolsky, Beverly Hills, CA, for the petitioner-appellant.


• For Appellees:
  
• Jacqueline R. Dryden, Michele Y.F. Sarko, U.S. Department of Justice, Civil Division, Washington, DC, for the respondent-appellee.