JIAN LE LIN v. U.S. ATTY. GEN.

No. 11-12506.

681 F.3d 1236 (2012)

JIAN LE LIN, Petitioner, v. U.S. ATTORNEY GENERAL, Respondent.

United States Court of Appeals, Eleventh Circuit.

May 23, 2012.


Attorney(s) appearing for the Case

Theodore N. Cox , Ana Lucia Alvarado , Law Offices of Theodore Cox, New York City, for Petitioner.

Gregory Darrell Mack , Liza Murcia , Manuel A. Palau , David V. Bernal , Krystal Samuels , U.S. Department of Justice, Office of Immigration Litigation, Eric Holder, Jr. , Washington, DC, Alfie Owens , DHS Chief Counsel, Atlanta, GA, for Respondent.

Before WILSON, ANDERSON and HIGGINBOTHAM, Circuit Judges.


WILSON, Circuit Judge:

We are asked to decide whether the "departure bar" regulation — stating that the Board of Immigration Appeals ("BIA") may not entertain a motion to reopen filed by or on behalf of a person who has departed the United States — impermissibly conflicts with the Immigration and Nationality Act's provision permitting an alien to file one motion to reopen. See 8 U.S.C. § 1229a(c)(7)(A); 8 C.F.R. § 1003.2(d). We join...

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