· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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