United States Ninth Circuit

A petition for review of the Department of Homeland Security's reinstatement of petitioner's prior order of removal is denied, where: 1) application of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996's reinstatement statute to petitioner was not impermissibly retroactive even though her brother had filed a Form I-130 petition for alien relative on her behalf before the Act's effective date; and 2) the reinstatement provisions could permissibly be applied to petitioner because she took no pre-enactment action sufficient to create a vested right to apply for adjustment of status.

Appellate Information

• Decided 03/07/2014
• Published 03/07/2014

Judges

• FARRIS

Court

• United States Ninth Circuit

Counsel