Boliero v. Holder, No. 12-1807 (1st Cir. 2013)
Annotate this CaseRespondent was involved in lengthy removal proceedings that culminated in her filing of a motion to reopen with the immigration judge that raised ineffective assistance of counsel and due process claims. The Board of Immigration Appeals dismissed Respondent's appeals, concluding that, pursuant to a set of regulations known as the "post-departure bar," the agency lacked jurisdiction to entertain Respondent's motion. The First Circuit Court of Appeals granted Respondent's petition for review, holding (1) as found in Perez Santana v. Holder, the post-departure bar conflicts with the unambiguous language of the motion to reopen statute; and (2) consequently, the regulation, in the circumstances applicable to this petition for review, cannot preclude Respondent from vindicating her right to seek reopening of her removal proceedings.
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