Monday, May 28th, 2018

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!]