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PRUIDZE v. HOLDER

No. 09-3836.

632 F.3d 234 (2011)

Vakhtang PRUIDZE, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 3, 2011.

Attorney(s) appearing for the Case

ARGUED: Herman S. Dhade , Dhade & Associates, Farmington Hills, Michigan, for Petitioner. Jessica Segall , United States Department of Justice, Washington, D.C., for Respondent. Trina Realmuto , National Immigration Project of the National Lawyers Guild, Boston, Massachusetts, for Amici Curiae. ON BRIEF: Marshal E. Hyman , Russell Reid Abrutyn , Marshal E. Hyman & Associates, PC, Troy, Michigan, for Petitioner. Anthony J. Messuri , United States Department of Justice, Washington, D.C., for Respondent. Trina Realmuto , National Immigration Project of the National Lawyers Guild, Boston, Massachusetts, Beth Werlin , American Immigration Council, Washington, D.C., for Amici Curiae.

Before: BOGGS, MOORE, and SUTTON, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

The Board of Immigration Appeals interprets a regulation promulgated by the Attorney General to provide that the Board lacks jurisdiction to review a motion to reopen once an alien leaves the United States, whether voluntarily or involuntarily. Yet the statute that empowers the Board to consider motions to reopen says nothing about jurisdictional limitations of any kind, let...

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