LexisNexis® Legal Newsroom
Tenth Circuit ruling may help deported Utahn, others

"In 2004, Jesus Contreras-Bocanegra was traveling between the United States and Mexico when he caught the attention of immigration officials. Though the Lehi man had been a legal resident of the United States for more than 20 years, he also reportedly had a minor drug conviction from the early...

CA11 on Departure Bar: Lin v. Atty. Gen.

"We are asked to decide whether the “departure bar” regulation—stating that the Board of Immigration Appeals (“BIA”) may not entertain a motion to reopen filed by or on behalf of a person who has departed the United States—impermissibly conflicts with the Immigration...

CA5 on Departure Bar: Lari v. Holder, Garcia Carias v. Holder

Companion cases! "Under our reading, the statute is facially unambiguous. Because the statute is facially unambiguous, we adhere to its plain meaning. ... Giving the statute its plain meaning, we conclude that an alien’s ability to exercise his statutory right to file a motion to reconsider...

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...

Updated 'Departure Bar' Practice Advisory

Beth Werlin and Trina Realmuto, November 20, 2013 : "This advisory discusses the so-called “departure bar” regulations. 8 C.F.R. §§ 1003.2(d), and 1003.23(b)(1). Relying on these regulations, the Board of Immigration Appeals (BIA or Board) and the Immigration Courts have refused...

Unpub. BIA on Departure Bar: Matter of Onyesoh

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) held that the removal of the respondent from the United States does not constitute a withdrawal of an appeal challenging the denial of a motion to reconsider under the law of the Fifth Circuit, and remanded...