9th Circ. Says Judges Can Reopen Deported Immigrant Cases

Law360 (June 2, 2021, 10:47 PM EDT) -- The Ninth Circuit on Wednesday held that immigration judges can reopen the cases of immigrants who have been removed from the U.S. or who voluntarily left, reversing a Board of Immigration Appeals decision that held that the "departure bar" in immigration law blocked those reopenings.

In its published decision, the three-judge panel sided with Jaime Balerio Rubalcaba, a Mexico native who was removed from the U.S. in 1995. After returning to the U.S., Rubalcaba encouraged an immigration judge to reopen his case sua sponte — meaning without a request from the parties — so he could apply for adjustment of status....

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!