Some Immigrants May Pursue Their Removal Cases From Outside the U.S.

The 5th Circuit Court of Appeals struck down a regulation last week that barred noncitizens from pursuing their immigration cases after removal or deportation. (Lari v. Holder) The eleven circuit courts of appeal across the U.S. are currently split over the legality of “departure bars,” regulations that prevent immigration judges and the Board of Immigration Appeals from adjudicating motions brought to reconsider or reopen a removal case after the noncitizen has left the U.S. Such motions are often brought when new evidence or new legal arguments are discovered that could possibly change the outcome of the removal decision. The 5th Circuit now joins seven other circuit courts that have struck down these regulations, and these include the 3rd, 4th, 5th, 6th, 7th, 9th, 10th and 11th circuits. For more about the Circuit Courts of Appeal and the territory covered by each circuit, use the Court Locator.

For more on removal proceedings and the right to representation, see Your Rights as an Unrepresented Immigrant in Removal Proceedings.