United States Ninth Circuit

Reset A A Font size: Print

Tamayo-Tamayo v. Holder, 08-74005

Petition for review of the government's reinstatement of petitioner's prior order of removal, following his illegal reentry into the United States after having been removed, is denied, where: 1) petitioner's 1993 removal order did not supersede or otherwise invalidate his original 1989 removal order; 2) petitioner's procedurally regular, yet substantively illegal, reentry met the requirement in 8 USC 1231(a)(5) that he had "reentered the United States illegally," notwithstanding the fact that he tricked the border official into allowing him physically to enter by presenting an invalid alien registration card; and 3) petitioner cannot show prejudice from the government's decision to arrest and remove him when he showed up for his interview, so his due process claim fails.

Appellate Information

  • Decided 02/28/2013
  • Published 02/28/2013

Judges

  • GRABER

Court

  • United States Ninth Circuit

Counsel