Garcia-Carias v. Holder, Jr., No. 11-60550 (5th Cir. 2012)
Annotate this CasePetitioner, a native of Honduras, petitioned for review of the BIA's affirmation of the IJ's decision to deny his motion to reopen removal proceedings. The court held that 8 U.S.C. 1229a(c)(7) unambiguously gives aliens a right to file a motion to reopen regardless of whether they have left the United States. Therefore, the BIA's application of the departure regulation to statutory motions to reopen was invalid under Chevron's first step as the statute plainly did not impose a general physical presence requirement. Accordingly, the court granted the petition and remanded for further proceedings.
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