Tuesday, January 24th, 2017

CA5 on Departure Bar: Lari v. Holder


"Under our reading, the statute is facially unambiguous.  Because the statute is facially unambiguous, we adhere to its plain meaning.  ... Giving the statute its plain meaning, we conclude that an alien’s ability to exercise his statutory right to file a motion to reconsider is not contingent upon his presence in the United States.  The departure regulation therefore cannot serve as a basis for denying aliens who have departed the United States their statutorily authorized right to file one motion to reconsider." - Lari v. Holder, Sept. 27, 2012.  [Hats off to Matthew L. Hoppock, Beth Werlin and Trina Realmuto!]