The petitioner was removed from the United States in 2005. In December 2010, the petitioner filed a motion to reopen with the Immigration Court that was denied. 8 U.S.C. §1229a(c)(7) unambiguously gives aliens a right to file a motion to reopen regardless of whether they have left the United States. The Board of Immigration Appeals' application of the departure regulation to statutory motions to reopen is invalid under Chevron. The petition for review is granted, and the proceedings are remanded to the board. 5th U.S. Circuit Court of Appeals, No. 11-60550, 09-27-2012.
Carias v. Holder
October 1, 2012