Mendiola v. Holder, No. 08-9565

In a petition for review of the BIA's denial of petitioner's second motion to reopen his removal proceedings, the petition is denied where the BIA correctly determined that 8 C.F.R. section 1003.2(d)'s post-departure bar divested it of jurisdiction to review a motion to reopen filed by a removed alien, like petitioner, even though relevant regulations allowed an alien to file one motion to reopen within 90 days.

Read Mendiola v. Holder, No. 08-9565

Appellate Information

Filed October 28, 2009

Judges

Opinion by Judge Baldock

Counsel

For Petitioner:

Kari E. Hong, Portland, OR

For Respondent:

R. Alexander Goring, Michelle Gorden Latour, Office of Immigration Litigation, (Michelle Gorden Latour, Office of Immigration Litigation, United States Department of Justice, Washington, DC