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A Gate Forever Closed? Retiring Immigration Law’S Post-Departure Bar, Jonathan H. Ross
A Gate Forever Closed? Retiring Immigration Law’S Post-Departure Bar, Jonathan H. Ross
Fordham Law Review
Immigration law’s “post-departure bar” destroys the jurisdiction of either an immigration judge or the Board of Immigration Appeals to hear a motion to reopen or reconsider filed by an alien who is no longer physically within the country. This Note examines the current conflict between the federal circuits regarding the post-departure bar and why the circuits that have decided to strike down the bar in the cases before them have ruled in line with certain trends present in recent Supreme Court immigration cases.
Conflict between the circuits has arisen because the governing statute, the Illegal Immigration Reform and Immigrant Responsibility …