Section 1105a - Employment authorization for battered spouses of certain nonimmigrants

1 Analyses of this statute by attorneys

  1. 6th Cir: Post-departure bar isn’t jurisdictional

    University of Denver Sturm College of LawFebruary 28, 2011

    The INA contained a similar post-departure bar from 1962 to 1996 regarding judicial review of deportation and exclusion decisions. See Act of September 26, 1961, Pub. L. No. 87-301, § 5(a), 75 Stat. 650, 651 (codified at 8 U.S.C. § 1105a(c) (1964)); Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. No. 104-208, § 306(b), 110 Stat. 3009-612.As part of far-reaching reforms to immigration law in 1996 Congress repealed the statutory post-departure bar. Today, the INA expressly provides an alien the right to file one motion to reopen and one motion to reconsider.