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RUBALCABA v. GARLAND

No. 17-70845.

998 F.3d 1031 (2021)

Jaime Balerio RUBALCABA, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 2, 2021.

Attorney(s) appearing for the Case

Elsa I. Martinez (argued), Law Offices of Elsa Martinez PLC, Culver City, California, for Petitioner.

Sarah Stevens Wilson (argued), Assistant United States Attorney, United States Attorney's Office, Birmingham, Alabama; Eric R. Quick , Trial Attorney; Paul Fiorino , Senior Litigation Counsel; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Before: Danny J. Boggs, Milan D. Smith, Jr., and Mary H. Murguia, Circuit Judges.

OPINION

This case requires us to examine the "departure bar" provision in 8 C.F.R. § 1003.23(b)(1) in the context of sua sponte reopening. Title 8 C.F.R. § 1003.23 governs the reopening of immigration proceedings before an immigration judge ("IJ"). Section...

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