Valdez-Sanchez v. Gonzales, ___ F.3d ___ (10th Cir. April 23, 2007) (after noncitizen had been ordered excluded, reentered, married a U.S. citizen, and was granted an adjustment of status prior to the effective date of IIRAIRA, DHS may not retroactively apply INA 241(a)(5) to reinstate a previous removal order).
jurisdiction:
Tenth Circuit