Morales-Izquierdo v. Ashcroft, 388 F.3d 1299, 1300 (9th Cir. 2004) (procedures under which prior order of removal was reinstated violate the Immigration and Nationality Act, 8 U.S.C. 1229a(a)), is no longer good law, as a petition for rehearing en banc has been granted. 423 F.3d 1118-19 (2005). RELIEF - REINSTATEMENT REGULATION VIOLATES STATUTE
Morales-Izquierdo v. Ashcroft, 388 F.3d 1299 (9th Cir. Nov. 19, 2004) (reinstatement procedures at 8 CFR 241.8 violate the Immigration and Nationality Act, by denying access to a removal hearing: "The plain statutory language, supported by the structure of the legislation, provides that an immigration judge must conduct all proceedings for deciding the inadmissibility or deportability of an alien.").