Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:Treating the petition for rehearing en banc as a petition for panel rehearing, the court denies the petition for panel rehearing. OPINION:Per curiam; before Jolly, Smith and Garza, J.J. DISSENT:Smith, J.; Jones, C.J., and Benavides, Stewart and Dennis, J.J. “This court has one of the largest immigration dockets of any circuit. The question raised here � whether a timely filed motion to reopen tolls an alien’s voluntary departure period � affects a large number of aliens in this circuit and elsewhere. After losing in his proceedings before the Board of Immigration Appeals, Mr. Banda-Ortiz proceeded pro se in this court by filing a petition for review, stating in his brief that he lacked the funds to attend oral argument; because, in any event, this court rarely if ever grants argument to pro se litigants, the case was submitted on the briefs alone. After the matter was decided in the government’s favor, the Jones Day law firm has ably represented Mr. Banda-Ortiz as pro bono counsel in filing a petition for rehearing en banc. . . . “There certainly may be times when we are justified in creating a circuit split, but this issue is important enough that the entire court should be willing to review it, with both sides now represented by counsel, to make sure the position taken by the panel majority is correct.”

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.