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· 8/3/2011

Prestol Espinal v. Attorney General of the United States

Citations

  • 653 F.3d 213
  • 2011 U.S. App. LEXIS 15900
  • 2011 WL 3314945

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the post-departure bar is inconsistent with the statutory provision granting individuals the right to file one timely motion to reopen
  • invalidating BIA post-departure bar regulation and exercising jurisdiction over a petition to review the BIA’s denial of a motion to reconsider
  • in the context of statutorily authorized motions for reconsideration, holding that the “post- departure bar regulation conflicts with Congress’ clear intent for several reasons”
  • “Congress did not codify the post-departure bar notwithstanding its long history. Neither we nor the agency should be permitted to override Congress’ considered judgment.”
  • in the context of statutorily authorized motions for reconsideration, holding that the “post-departure bar regulation conflicts with Congress’ clear intent for several reasons”
  • in the context of statutorily authorized motions for reconsideration, holding that the “post-departure bar regulation conflicts with Congress’ clear intent for several reasons”

Source: CourtListener parenthetical corpus (CC0).

Judges: Sloviter, Slovtter, Greenaway, Pollak

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.