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CONTRERAS-BOCANEGRA v. HOLDER

No. 10-9500.

678 F.3d 811 (2012)

Jesus CONTRERAS-BOCANEGRA, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent, American Immigration Council; American Immigration Lawyers Association; National Immigration Project of the National Lawyers Guild; Post-Deportation Human Rights Project; Rocky Mountain Immigrant Advocacy Network, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

January 30, 2012.

Attorney(s) appearing for the Case

Edward L. Carter , ( J. Christopher Keen , with him on the briefs) Keen Law Offices, Orem, UT, for Petitioner.

Greg D. Mack , Senior Litigation Counsel, ( Alison R. Drucker , Senior Litigation Counsel, with him on the brief) United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.

Trina A. Realmuto , National Immigration Project, Boston, Massachusetts, ( Beth Werlin and Mary Kenney , American Immigration Council, Washington, D.C., with her on the briefs) for amici curiae.

Before BRISCOE, McKAY, KELLY, LUCERO, MURPHY, HARTZ, O'BRIEN, TYMKOVICH, GORSUCH, HOLMES, and MATHESON, Circuit Judges.

Opinion On Rehearing En Banc

LUCERO, Circuit Judge.

We granted en banc rehearing of this case to determine whether the so-called post-departure bar regulation at 8 C.F.R. § 1003.2(d) remains valid in this circuit considering Congress' 1996 amendment to the Immigration and Nationality Act ("INA"). The amended Act grants noncitizens the right to file one motion to reopen their immigration proceedings. However, the Board of Immigration Appeals ("Board...

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