United States Sixth Circuit
De la Paz v. Holder, 09-3229
Mexican citizen's petition for review of a final order of the Department of Homeland Security (DHS) reinstating an earlier order excluding petitioner from the country is denied where: 1) the petition is timely as it was filed 16 days after first obtaining the order the petitioner seeks to challenge; 2) sufficient evidence supports the DHS's conclusion that petitioner was subject to a prior order of removal; 3) although the DHS failed to comply with its own regulations before entering the reinstatement order, petitioner was not prejudiced by the failure; and 4) petitioner's claim of due process violation fails as she cannot show any prejudice from the alleged violation.
Appellate Information
- Argued 01/20/2010
- Decided 11/08/2010
- Published 11/08/2010
Judges
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- Elliott Ozment, Kelly J. Walls