Matter of Armendarez-Mendez

2 Analyses of this admin-law by attorneys

  1. BIA: In absentia removal ok when noncitizen leaves USA

    University of Denver Sturm College of LawDecember 18, 2012

    We have reiterated that construction of the rule in an unbroken string of precedents extending over 50 years, consistently holding that reopening is unavailable to any alien who departs the United States after being ordered removed.” Matter of Armendarez-Mendez, 24 I&N Dec. 646, 648 (BIA 2008). This is because, as the Board added, “the physical removal of an alien from the United States is a transformative event that fundamentally alters the alien’s posture under the law.

  2. 6th Cir: Post-departure bar isn’t jurisdictional

    University of Denver Sturm College of LawFebruary 28, 2011

    Pruidze, No. 09-3836, slip op. at 2. “The Board relied on Matter of Armendarez-Mendez, 24 I&N Dec. 646 (BIA 2008), which held that the ‘departure bar,’ 8 C.F.R. § 1003.2(d), divested the Board of ‘jurisdiction’ to entertain motions to reopen filed by aliens who are abroad.” Pruidze, No. 09-3836, slip op. at 2.