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....

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