Legal Opinion

Ovalles v. Holder

Court of Appeals for the Fifth Circuit

Decided July 27, 2009No. 07-60836PublishedCited by 35 opinions

1Per curiam

Ruben Ovalles (Ovalles), who filed an untimely motion to reconsider his removal order or to reopen his removal proceedings following his departure from the United States, petitions for review of an order of the Board of Immigration Appeals (BIA or Board) denying jurisdiction over his motion pursuant to 8 C.F.R. § 1003.2(d). Ovalles argues that the so-called “post-departure bar” in section 1003.2(d) is con trary to statute and therefore invalid, that the BIA unreasonably concluded that the post-departure bar trumped its sua sponte authority to reconsider decisions or reopen proceedings, that…

Also in this document: Concurrence.

2Cases cited24 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. TRW Inc. v. AndrewsSupreme Court of the United States · 2001
  4. Barnhart v. WaltonSupreme Court of the United States · 2002
  5. Kwong Hai Chew v. ColdingSupreme Court of the United States · 1953

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3Cited by35 opinions

  1. Sergio Lugo-Resendez v. Loretta LynchCourt of Appeals for the Fifth Circuit · 2016
  2. Cruz Garcia v. Eric Holder, Jr.Court of Appeals for the Fifth Circuit · 2014
  3. Luna v. HolderCourt of Appeals for the Second Circuit · 2011
  4. Coyt v. HolderCourt of Appeals for the Ninth Circuit · 2010
  5. Contreras-Bocanegra v. HolderCourt of Appeals for the Tenth Circuit · 2012

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