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DESAI v. ATTORNEY GENERAL OF U.S.

No. 11-3229.

695 F.3d 267 (2012)

Utpal Ajitkumar DESAI, Petitioner v. ATTORNEY GENERAL OF the UNITED STATES, Respondent.

United States Court of Appeals, Third Circuit.

Filed: August 21, 2012.

Attorney(s) appearing for the Case

Scott E. Bratton, Esq. [Argued], Margaret Wong & Associates, Cleveland, OH, Attorneys for Petitioner.

Tiffany L. Walters, Esq. [Argued], Eric H. Holder, Jr., Esq. , Thomas W. Hussey, Esq. , John M. McAdams, Jr., Esq. , United States Department of Justice, Office of Immigration Litigation, Civil Division, Washington, DC, Attorneys for Respondent.

Before: RENDELL, FUENTES, and HARDIMAN, Circuit Judges.

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

This appeal involves the jurisdiction of the Board of Immigration Appeals (BIA). A regulation known as the "post-departure bar," which is codified at 8 C.F.R. § 1003.2(d), precludes a removed person from filing a motion to reopen immigration proceedings. In Prestol Espinal v. Attorney General, 653 F.3d 213, 224 (3d Cir. 2011), we held the post-departure bar invalid...

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