United States Tenth Circuit

In the context of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (IIRIRA), where Petitioner was ordered excluded, reentered, married a U.S. citizen, and was granted an adjustment of status prior to the effective date of IIRIRA, DHS may not retroactively apply section 241(a)(5) to reinstate a previous removal order.

Appellate Information

• Decided 04/23/2007
• Published 04/24/2007

Judges

• BALDOCK, Circuit Judge., Before O'BRIEN, BALDOCK, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Chris Kozoll (Jeff Joseph with him on the brief), Joseph Law Firm, P.C., Aurora, CO, for Petitioner., Trina A. Realmuto and Nadine K. Wettstein, American Immigration Law Foundation, Washington D.C., filed an Amicus Curiae brief in support of Petitioner.


• For Appellees:
  
• R. Alexander Goring, Attorney (David V. Bernal, Assistant Director and Jamie M. Dowd, Trial Attorney, on the brief), Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington D.C., for Respondent.