Moreno-Aguilar
Moreno-Aguilar v. Immigration & Naturalization Services
Opinion
Lead Opinion
MEMORANDUM ***
Petitioner Robert Moreno-Aguilar (Moreno) appeals the Board of Immigration Appeals’ (BIA) September 20, 2001 order denying his motion to reopen deportation proceedings. In that order, the BIA held that because Moreno had voluntarily departed the United States while his appeal was pending, thus withdrawing his appeal, the BIA lacked jurisdiction to reopen the case. We affirm the BIA’s order denying Moreno’s motion to reopen.
When Moreno departed the United States, he effected an automatic withdrawal of his appeal pending before the BIA:
8 C.F.R. § 3.4 . As the BIA indicated, an alien whose appeal has been thus withdrawn is not permitted to move the BIA to reopen the case: “A motion to reopen ... shall not be made by or on behalf of a person who is the subject of exclusion, deportation, or removal proceedings subsequent to his or her departure from the United States.” 8 C.F.R. § 3.2 (d). Based on the foregoing regulatory directives, we cannot conclude that the BIA erred in denying Moreno’s motion to reopen.
PETITION DENIED
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