Immigration Judge Can Reopen Removal Case Despite Exit from U.S.

A Mexican immigrant who re-entered the U.S. after being deported 23 years ago and now seeks to reopen his removal proceedings to change his status saw his petition revived by the Ninth Circuit.

An immigraton judge said Jamie Rubalcaba’s petition was untimely, it didn’t present exceptional circumstances, and the departure bar prevented her from exercising jurisdiction through her own motion.

A federal regulation states that a motion to reopen deportation proceedings can’t be made subsequent to an immigrant’s departure from the U.S.

The Board of Immigration Appeals, interpreting the regulation to apply to an immigration judge’s sua sponte motion, applied ...