Lari v. Holder, Jr., No. 11-60549 (5th Cir. 2012)
Annotate this CasePetitioner, a Ghanaian citizen, was charged with being removable because he was an alien present in the United States without being admitted or paroled. That same year, petitioner applied for asylum. Petitioner subsequently petitioned for review of the BIA's dismissal of his appeal of the IJ's denial of his request for asylum, withholding of removal, and Convention Against Torture protection. Petitioner also petitioned for review of the BIA's denial of a motion to consider. The court addressed the second petition, holding that the departure regulation could not be applied to statutorily authorized motions to reconsider. The departure regulation therefore could not serve as a basis for denying aliens who have departed the United States their statutorily authorized right to file one motion to reconsider. Accordingly, the court granted the second petition for review and remanded for further proceedings. In light of the remand, the court denied the first petition for review and left unanswered the questions regarding whether petitioner was properly found to have been removable.
The court issued a subsequent related opinion or order on November 9, 2012.
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