Block on Trump's Asylum Ban Upheld by Supreme Court
Toora v. Holder, No. 09-60073, involved a petition for review of the BIA's denial of petitioner's motion to reopen his deportation hearing. The court of appeals denied the petition on the ground that the departure bar, 8 C.F.R. section 1003.23(b)(1), applied to an alien who departed the U.S. after receiving notice of his deportation proceeding, but before the proceeding was completed and the Immigration Judge entered a deportation order.
As the court wrote: "Petitioner, Dhanvir Toora, proceeding pro se, raises on appeal the question of whether the departure bar, 8 C.F.R. § 1003.23(b)(1), applies to an alien who departs the United States after receiving notice of his deportation proceeding, but before the proceeding is completed and the Immigration Judge ("IJ") enters a deportation order. We find the departure bar does apply in this situation and divests the IJ of jurisdiction to hear the alien's motion to reopen his deportation proceeding."