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TOORA v. HOLDER

No. 09-60073.

603 F.3d 282 (2010)

Dhanvir TOORA, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

April 8, 2010.

Attorney(s) appearing for the Case

Dhanvir Toora, Sickerville, NH, pro se.

Gladys Marta Steffens Guzman, Tangerlia Cox, Thomas Ward Hussey, Ernesto Horacio Molina, Jr., Dept. of Justice, Office of Immigration Lt., Washington, DC, E.M. Trominski, Harlingen, TX, for Respondent.

Before DAVIS, WIENER, and SOUTHWICK, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Petitioner, Dhanvir Toora, proceeding pro se, raises on appeal the question of whether the departure bar, 8 C.F.R. § 1003.23(b)(1), applies to an alien who departs the United States after receiving notice of his deportation proceeding, but before the proceeding is completed and the Immigration Judge ("IJ") enters a deportation order. We find the departure bar does apply in this situation and divests the IJ...

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