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Oct 18, 2007
Court Finds Reinstatement of Prior Deportation Order Improper
- Atty. Robert Reeves Email this article

In issuing this holding, the Tenth Circuit joins three other jurisdictions that have issued similar decisions. Arevalo v. Ashcroft in the First Circuit, Faiz-Mohammad v. Ashcroft in the Seventh Circuit and Cisneros v. United States Attorney General in the Eleventh Circuit have all reached the same conclusion. In each of those circuits, DHS may not reinstate prior removal orders where the immigrant was deported, illegally reentered and took steps to legalize, or did in fact legalize, his status prior to the effective date of IIRIRA.


The Ninth Circuit, which controls in California, has most recently discussed this issue in Perez-Gonzalez v. Ashcroft.  In that case, the court held that, while the reinstatement provision was not impermissibly retroactive, immigrants could avoid its harsh consequences by applying for permission to reapply for admission simultaneous to the filing of the application for adjustment of status. The court further held that immigrants could file that application in the United States and seek relief without having to leave the country. However, the court also held that the relief must be sought before the reinstatement of the prior deportation order.


Because the law is in flux in this area and because so much is at stake, it is important to seek the advise and assistance of an experienced immigration lawyer if you have a prior deportation order and you believe you may be eligible get a green card.


Author's Note:


The analysis and suggestions offered in this column do not create a lawyer-client relationship and are not substitute for the individual legal research and personalized representation that is essential to every case.


Atty. Reeves has represented clients’ innumerous landmark immigration cases that have set new policies regarding INS action and immigrants' rights. His many successes have been published in Interpreter Releases, Immigration Briefings and AILA Monthly, which are nationally, recognized immigration periodicals widely read by immigration lawyers, State Department and immigration officials. His cases are also cited in textbooks as a guide to other immigration practitioners. His offices are located in Pasadena, San Francisco, Las Vegas, and Makati City.


Telephone: 759-67777


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