Arie SHAAR; Helina Shaar; Shay Moshe Shaar, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

The facts are simple. The Shaars were granted voluntary departure. During their period for voluntary departure, they became eligible for suspension of deportation and filed motions to reopen requesting such relief.1 The immigration judge had not decided the motions when the period for voluntary departure expired, and petitioners did not depart. When the motions were finally considered, they were denied on the ground that 8 U.S.C. § 1252b(e)(2)(A) bars relief to any alien who has overstayed his voluntary departure period.

I

This interpretation of Section 1252b(e)(2)(A), adopted by a bare…