Unpub. BIA Reopening Victory in Texas

Raed Gonzalez writes: "Grant from BIA on a motion to reopen under Lari v. Holder and Garcia Carias v. Holder where we challenged that the regulations barring noncitizens from pursuing their cases after departure or deportation are unlawful and ultra vires.  The alien in this case had been deported and reentered the U.S. illegally.  The BIA reopened!  These decisions are an important step toward ensuring that all noncitizens are afforded the opportunity to fully present their cases to an Immigration Judge and the Board of Immigration Appeals.  I think this is the first one (in Texas)." - Matter of X-, Jan. 31, 2013.