Motions to Reopen from Abroad

The Tenth Circuit Court of Appeals is being urged to reconsider its decision upholding a Board of Immigration Appeals regulation barring foreign nationals from filing motions to reopen from outside the United States. The Tenth Circuit's 2009 decision in Rosillo-Puga v. Holder is contrary to the position of the five other circuit courts to consider the issue. The case of Contreras-Bocanegra v. Holder is currently before the Tenth Circuit and the foreign national and amici curiae in that case are urging the court to grant en banc review of the case and then reverse course and recognize noncitizens' opportunity to seek review of unfavorable decisions from outside the United States.

For legal analysis of the Tenth Circuit's decision in Rosillo-Puga v. Holder, see my comment on the Denver University Law Review Online.

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