Rosillo-Puga v. Holder, No. 07-9564

In a petition for review of the denial of petitioner's motion to reconsider or reopen his deportation proceedings, the petition is denied where 8 C.F.R. section 1003.23(b)(1) was a valid exercise of the Attorney General's Congressionally-delegated rule-making authority, and did not contravene 8 U.S.C. sections 1229a(c)(6)(A) or (7)(A), and thus the Immigration Judge lacked jurisdiction over petitioner's motion because petitioner had previously been removed from the U.S.

Read Rosillo-Puga v. Holder, No. 07-9564

Appellate Information

Filed September 15, 2009

Judges

Opinion by Judge Anderson

Counsel

For Petitioner:

Cynthia G. Burnside, Holland & Knight LLP, Atlanta, GA

For Respondent:

James A. Hurley, Attorney, United States Department of Justice, Civil Division, Washington, DC

Anh-Thu P. Mai, Senior Litigation Counsel, United States Department of Justice, Civil Division, Washington, DC