Espinal v. Attorney General, 653 F.3d 213 (3d Cir. Aug. 3, 2011) (8 C.F.R. 1003.2(d), otherwise known as the post-departure bar, is ultra vires to 8 U.S.C. 1229a(c)(6)(A), (7)(A), which specifically grants an alien the right to file one motion to reconsider and one motion to reopen without any geographic limitation on that right: the plain text of the statute provides each alien with the right to file one motion to reopen and one motion to reconsider, provides time periods during which an alien is entitled to do so, and makes no exception for aliens who are no longer in this country.).

jurisdiction: 
Third Circuit

 

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