In a petition for review of the BIA’s denial of petitioner’s second motion to reopen his removal proceedings, the petition is denied where the BIA correctly determined that 8 C.F.R. section 1003.2(d)’s post-departure bar divested it of jurisdiction to review a motion to reopen filed by a removed alien, like petitioner, even though relevant regulations allowed an alien to file one motion to reopen within 90 days.
Read Mendiola v. Holder, No. 08-9565
Appellate Information
Filed October 28, 2009
Judges
Opinion by Judge Baldock
Counsel
For Petitioner:
Kari E. Hong, Portland, OR
For Respondent:
R. Alexander Goring, Michelle Gorden Latour, Office of Immigration Litigation, (Michelle Gorden Latour, Office of Immigration Litigation, United States Department of Justice, Washington, DC
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