No post-departure bar to reopening Immigration Court proceedings

Lisboa v. Holder, No. 09-4521 (6th Cir. Aug. 29, 2011) (unpublished)

Following the Court's decision in Pruidze, the Court reversed a BIA decision reversing an IJ's decision reopening removal proceedings.  The alien was deported and then after his removal, he successfully challenged his state conviction.  He filed a motion to reopen with the IJ, which the court granted.  The BIA reversed on appeal.

Consistent with Pruidze, the court struck down the departure bar at 1003.21(b)(1).  While departure can be a factor for the exercise of discretion, it does not divest the agency of jurisdiction over a motion to reopen.