In a petition for review of the denial of petitioner's motion to reconsider or reopen his deportation proceedings, the petition is denied where 8 C.F.R. section 1003.23(b)(1) was a valid exercise of the Attorney General's Congressionally-delegated rule-making authority, and did not contravene 8 U.S.C. sections 1229a(c)(6)(A) or (7)(A), and thus the Immigration Judge lacked jurisdiction over petitioner's motion because petitioner had previously been removed from the U.S.
Filed September 15, 2009
Opinion by Judge Anderson
James A. Hurley, Attorney, United States Department of Justice, Civil Division, Washington, DC
Anh-Thu P. Mai, Senior Litigation Counsel, United States Department of Justice, Civil Division, Washington, DC