United States Tenth Circuit

Mexican citizen's petition for review of a reinstatement order, which revived a November 1998 order removing petitioner from the U.S., is denied over claims that: 1) the original removal order was legally defective and thus not subject to reinstatement; 2) DHS, in reinstating her prior order of removal, failed to comply with 8 C.F.R. section 241.8; and 3) the procedure established by 8 C.F.R. section 241.8(a) fails to comport with both 8 U.S.C. section 1229a(a)(1) and the Due Process Clause of the Fifth Amendment.

Appellate Information

• Decided 11/20/2007
• Published 11/21/2007

Judges

• BALDOCK, Circuit Judge., Before KELLY, BALDOCK, and BRISCOE, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs:   Hakeem Ishola, Salt Lake City, UT, and J. Christopher Keen and Edward L. Carter, Orem, UT, for Petitioner.


• For Appellees:
  
• Stephen J. Flynn, Senior Litigation Counsel, and Mary Jane Candaux, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC, for Respondent.