In a petition for review of the BIA's denial of petitioner's second motion to reopen his removal proceedings, the petition is denied where the BIA correctly determined that 8 C.F.R. section 1003.2(d)'s post-departure bar divested it of jurisdiction to review a motion to reopen filed by a removed alien, like petitioner, even though relevant regulations allowed an alien to file one motion to reopen within 90 days.
Filed October 28, 2009
Opinion by Judge Baldock
Kari E. Hong, Portland, OR
R. Alexander Goring, Michelle Gorden Latour, Office of Immigration Litigation, (Michelle Gorden Latour, Office of Immigration Litigation, United States Department of Justice, Washington, DC