Narrative Opinion Summary
The case involves an appeal by an individual against the Immigration and Naturalization Service’s (INS) reinstatement of a prior removal order and the denial of her petition for adjustment of status. The appeal is considered under the Immigration and Nationality Act (INA) §§ 241(a)(5) and 245(i). The appellant, a native of Mexico, was previously deported in 1999 after attempting to reenter the United States using a fraudulent passport. Subsequently, she illegally reentered the U.S. and in 2000 applied for adjustment of status, which the INS denied. The court, exercising jurisdiction under INA § 242(a), affirmed the INS's decision based on § 241(a)(5), which mandates reinstatement of the original removal order and bars relief for illegal re-entrants. The court highlighted the legislative intent for swift removal of violators with limited exceptions. Additionally, the appellant's due process claim was dismissed as meritless. The petition for review was denied, and the ruling is restricted in its citation and publication as per Ninth Circuit Rule 36-3.
Legal Issues Addressed
Adjustment of Status under INA § 245(i)subscribe to see similar legal issues
Application: Sandoval's application for adjustment of status was denied because her illegal reentry triggered the bar under § 241(a)(5), rendering her ineligible for such relief.
Reasoning: The INS denied her application based on her illegal reentry, citing the bar imposed by § 241(a)(5).
Due Process Considerations in Immigration Proceedingssubscribe to see similar legal issues
Application: Sandoval's due process argument was rejected as lacking merit in the context of the statutory provisions governing her case.
Reasoning: Additionally, Sandoval raised a due process argument, but it was deemed without merit under the circumstances.
Non-Publication and Citation of Judicial Decisionssubscribe to see similar legal issues
Application: The court's decision in this case is not suitable for publication or citation except as permitted by Ninth Circuit Rule 36-3.
Reasoning: The decision is not suitable for publication or citation except as permitted by Ninth Circuit Rule 36-3.
Reinstatement of Prior Removal Order under INA § 241(a)(5)subscribe to see similar legal issues
Application: The court applied this provision to affirm that an alien who illegally reenters the U.S. after removal is subject to reinstatement of the original removal order, barring them from seeking adjustment of status.
Reasoning: The court affirms the INS's decision, emphasizing that the statute and its legislative history make clear that previously deported aliens who reenter illegally cannot seek relief.