Montoya v. Holder, 744 F.3d 614 (9th Cir. Mar. 7, 2014) (applying the IIRAIRA reinstatement statute, 8 U.S.C. 1231(a)(5) (the alien is not eligible and may not apply for any relief under this chapter), to petitioner was not impermissibly retroactive even though her brother had filed a Form I-130 petition for alien relative on her behalf before the Act's effective date, because she took no pre-enactment action sufficient to create a vested right to apply for adjustment of status).

 

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