Mars v. Sinclair

Year: 2008 (Vol. 32).

Topic: Immigration Law.

Questions Presented:

(1) Whether a motion to reopen cures a lack of notice when the Board of Immigration Appeals takes official notice of a change of country conditions.

(2) Whether the filing of a motion to reopen removal proceedings automatically tolls the period within which an alien must depart the United States under an order granting voluntary departure.

Format: Word.

Preemption Notice!

Question 2 is preempted by the Supreme Court in Dada v. Mukasey, 554 U.S. 1 (2008) (rejecting the argument that “filing a motion to reopen tolls the voluntary departure period pending the motion’s disposition”).