United States Second Circuit

In a petition for review of a February 23, 2007 decision of the United States Department of Homeland Security, Immigration and Customs Enforcement (ICE), reinstating a prior order of deportation, the petition is denied where: 1) the reinstatement of removal statute, section 241(a)(5) of the Immigration and Naturalization Act, was not impermissibly retroactive as applied to petitioner, an alien who illegally reentered the U.S. and married a U.S. citizen prior to the statute's enactment; and 2) section 241(a)(5) foreclosed petitioner from applying for certain additional types of relief and section 241(a)(5) did not deprive him of due process.

Appellate Information

• Argued 11/16/2009
• Decided 03/03/2010
• Published 03/03/2010

Judges

• STRAUB, Circuit Judge:, Before: MINER, CABRANES, and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Haroutyun Asatrian, Strasser Asatrian, LLC, Newark, NJ, for Petitioner.


• For Appellees:
  
• Anna E. Nelson, Trial Attorney for the United States Department of Justice, Office of Immigration Litigation (Kelly J. Walls, Trial Attorney for the United States Department of Justice, Office of Immigration Litigation; Jeffrey S. Bucholtz, Acting Assistant Attorney General for the United States Department of Justice, Civil Division; and Linda S. Wernery, Assistant Director for the United States Department of Justice, Office of Immigration Litigation, on the brief), Washington, DC, for Respondent.