United States Third Circuit

Petition for review of reinstatement of removal order is granted and the reinstatement determination is vacated and remanded where plaintiff contested the bases for the reinstatement order and offered support for his claims. ICE must then consider the evidence and attempt to verify the claim. The regulation governing the reinstatement of orders of removal is upheld as a valid construction of 8 U.S.C. section 1231(a)(5) and is not found to violate due process.

Appellate Information

• Decided 02/20/2009
• Published 02/20/2009

Judges

• Before:  SLOVITER, BARRY, and SILER, JR., Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Michael P. DiRaimondo, Esq. (Argued), DiRaimondo & Masi, Melville, NY, for Petitioner.


• For Appellees:
  
• Andrew Oliveira, Esq. (Argued), United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.