Perez Santana v. Holder, No. 12-2270 (1st Cir. 2013)
Annotate this CasePetitioner, a native of the Dominican Republic, pled guilty in state court to possession of a controlled substance with intent to distribute. The Department of Homeland Security later ordered Petitioner's removal. Thereafter, Petitioner successfully sought vacatur of his criminal conviction. After Petitioner had been removed to the Dominican Republic, he filed a motion to reopen his removal proceedings. The Board of Immigration Appeals (BIA) denied the motion, invoking a regulation known as the "post-departure bar," which precludes a noncitizen from filing a motion to reopen after his departure from the United States. The First Circuit Court of Appeals granted Petitioner's petition for review, holding that the post-departure bar cannot prevent a noncitzen from invoking his statutory right to file a motion to reopen.
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