Legal Opinion
Desai v. Attorney General of United States
Court of Appeals for the Third Circuit
Decided August 21, 2012No. 11-3229PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
HARDIMAN, Circuit Judge.
This appeal involves the jurisdiction of the Board of Immigration Appeals (BIA). A regulation known as the “post-departure bar,” which is codified at 8 C.F.R. § 1003.2(d), precludes a removed person from filing a motion to reopen immigration proceedings. In Prestol Espinal v. Attorney General, 653 F.3d 213, 224 (3d Cir.2011), we held the post-departure bar invalid to the extent it conflicted with a statute, the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996, 8 U.S.C. § 1229a(c)(7), that grants aliens the right to file…
2Cases cited9 opinions
- Dada v. MukaseySupreme Court of the United States · 2008
- Efrain Modesto Calle-Vujiles v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2003
- Pllumi v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2011
- Mahmood v. HolderCourt of Appeals for the Second Circuit · 2009
- Restrepo v. Attorney General of USCourt of Appeals for the Third Circuit · 2010
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bolieiro v. Holder, Jr.Court of Appeals for the First Circuit · 2013
- Reyes-Vargas v. BarrCourt of Appeals for the Tenth Circuit · 2020
- Jaime Balerio Rubalcaba v. Merrick GarlandCourt of Appeals for the Ninth Circuit · 2021
- Ambriorix Ovalle v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2019
- Eloy Hernandez v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2019
3 more not listed; retrieve them via the Exa API.