CASE UPDATE
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). IMMIGRATION CONSEQUENCES - REINSTATEMENT OF REMOVAL - AILA PRACTICE ADVISORY
Trina A. Realmuto, Reinstatement of Removal in the Ninth Circuit: Update and Suggested Strategies following Morales-Izquierdo v. Ashcroft, AILA Practice Advisory (January 31, 2005),
IMMIGRATION CONSEQUENCES - REINSTATEMENT OF DEPORTATION ORDER - JUDICIAL REVIEW - COURT OF APPEALS HAS JURISDICTION TO REVIEW ORDER REINSTATING PRIOR REMOVAL ORDER
Castro-Cortez v. INS, 239 F.3d 1037, 1043-44 (9th Cir. 2001) (Court of Appeals has jurisdiction under 8 U.S.C. 1252(a) to review a petition for review challenging the validity of an order reinstating a prior removal order).
ILLEGAL REENTRY - ELEMENTS - DEPORTATION - COLLATERAL ATTACK
United States v. Scott, 394 F.3d 111 (2d Cir. January 11, 2005) (district court erred in denying motion to dismiss indictment on ground that underlying deportation order was invalid because defendant had been prejudiced during deportation proceeding by his counsel's ineffective assistance in failing to move for waiver of deportation under INA 212(c); entry of underlying deportation order was "fundamentally unfair" within meaning of 8 U.S.C. 1326(d)).
IMMIGRATION CONSEQUENCES - REINSTATEMENT OF PRIOR DEPORTATION ORDER - RETROACTIVITY - STATUTE CANNOT BE APPLIED RETROACTIVELY
Faiz-Mohammad v. Ashcroft, ___ F.3d ___, 2005 WL 159441 (7th Cir. Jan. 26, 2005) (statute authorizing reinstatement of prior removal orders could not be applied retroactively).
CASE UPDATE
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
RELIEF - REINSTATEMENT OF REMOVAL ORDER HELD CONSTITUTIONAL
Berrum-Garcia v. Comfort, 390 F.3d 1158 (10th Cir. Nov. 23, 2004) (noncitizen who illegally reentered United States after removal is barred from applying to adjustment of status when INS has reinstated original order or removal under INA 241(a)(5); 8 U.S.C. 1231(a)(5), regardless of whether application was filed before or after prior order has been reinstated by INS).
RELIEF - SUSPENSION OF DEPORTATION
Hernandez v. Gonzales, ___ F.3d ___, 2006 WL 330328 (3d Cir. Feb. 14, 2006) (repeal of suspension of deportation under former INA 244(a) does not have an impermissible retroactive effect on noncitizens who pled guilty to a deportable offense and who would have been eligible for suspension of deportation relief but for the repeal).
RELIEF - SUSPENSION OF DEPORTATION
Lopez-Castellanos v. Gonzales, ___ F.3d ___ (9th Cir. Feb. 16, 2006) (suggesting noncitizen may be eligible for suspension of deportation based upon pre-IIRAIRA conviction, even though proceedings commenced prior to IIRAIRA).
RELIEF - SUSPENSION OF DEPORTATION
Casillas-Figueroa v. Gonzales, __ F.3d __ (6th Cir. Aug. 12, 2005) (stop-time rule applied to noncitizens application for suspension of deportation, even though application was initially granted by IJ prior to IIRAIRA).
http://caselaw.lp.findlaw.com/data2/circs/6th/043684p.pdf
RELIEF - TEMPORARY PROTECTED STATUS
For a good summary of the requirements for, and effect of, a grant of Temporary Protected Status, see United States v. Orellana, __ F.3d __, 2005 U.S. App. LEXIS 5436 (5th Cir. April 5, 2005).
