Toora v. Holder

W. EUGENE DAVIS, Circuit Judge:

Petitioner, Dhanvir Toora, proceeding pro se, raises on appeal the question of whether the departure bar, 8 C.F.R. § 1003.23(b)(1), applies to an alien who departs the United States after receiving notice of his deportation proceeding, but before the proceeding is completed and the Immigration Judge (“IJ”) enters a deportation order. We find the departure bar does apply in this situation and divests the IJ of jurisdiction to hear the alien’s motion to reopen his deportation proceeding.

I. FACTS

Toora is a native of India. He illegally entered the United States in…