Tenth Circuit, En Banc, Rejects Post-Departure Bar: Contreras-Bocanegra v. Holder

"We granted en banc rehearing of this case to determine whether the so-called post-departure bar regulation at 8 C.F.R. § 1003.2(d) remains valid in this circuit considering Congress’ 1996 amendment to the Immigration and Nationality Act (“INA”). The amended Act grants noncitizens...

CA1 on Post-Departure Bar: Perez-Santana v. Holder; Bolieiro v. Holder

"Perez Santana petitions for our review, contending, inter alia, that the post-departure bar conflicts with the clear language of the immigration statute, which grants "[a]n alien" the right to file a single motion to reopen. 8 U.S.C. § 1229a(c)(7). We agree. The post-departure bar...

Lee Beck on the CA1 Post-Departure Bar Cases

"In two more cases, a panel of the First Circuit held that regulations that bar reopening of an immigration case after an alien has departed the United States could not stand against a contrary statutory mandates. In Perez Santana v. Holder and Bolieiro v. Holder the court held that the post-departure...