Prestol Espinal v. Attorney General of the United States

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Ramon Prestol Espinal (referred to by the parties as Prestol) petitions for review of the decision of the Board of Immigration Appeals (“BIA”) that it lacked jurisdiction over Prestol’s motion to reconsider the BIA’s denial of relief because Prestol had been removed from the United States. Prestol’s petition requires us to decide whether the Attorney General’s regulation barring aliens who have been removed from the United States from filing a motion to reconsider and/or reopen, 8 C.F.R. § 1003.2(d), otherwise known as the post-departure bar, is…