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OVALLES v. HOLDER

No. 07-60836.

577 F.3d 288 (2009)

Ruben OVALLES, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

July 27, 2009.

Attorney(s) appearing for the Case

Deborah S. Griffin, Holland & Knight, Boston, MA, Rachel E. Rosenbloom, Post-Deportation Human Rights & Project Ctr. for Human Rights & Intern. Justice, Newton, MA, Christine Fuqua Gay (argued), Holland & Knight, LLP, Jacksonville, FL, for Petitioner.

Beth Werlin, Trina Ann Realmuto, Am. Imm. Law Found., Washington, DC, for Amicus Curiae.

Michael Christopher Heyse (argued), John S. Hogan, Thomas Ward Hussey, Director, U.S. Dept. of Justice, OIL, Washington, DC, Trey Lund, U.S. Imm. & Customs Enforcement Field Office Dir., Attn: Carl Perry, New Orleans, LA, for Respondent.

Before GARWOOD, OWEN and HAYNES, Circuit Judges.

PER CURIAM:

Ruben Ovalles (Ovalles), who filed an untimely motion to reconsider his removal order or to reopen his removal proceedings following his departure from the United States, petitions for review of an order of the Board of Immigration Appeals (BIA or Board) denying jurisdiction over his motion pursuant to 8 C.F.R. § 1003.2(d). Ovalles argues that the so-called "post-departure bar" in section 1003.2(d) is contrary

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