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Court Says Noncitizen Issued an Expedited Removal Order at Border Checkpoint Has “Re-Entered” Under INA §241(a)(5)

In a question of first impression for the federal courts, the Ninth Circuit denied the petition for review, holding that a noncitizen who is issued an expedited removal order at a U.S. border-crossing checkpoint has entered the United States for purposes of reinstatement of removal under INA §241(a)(5). The court noted that its decision is limited to the reinstatement provision’s definition of “re-entry,” and that it does not disturb the longstanding common-law definition of “entry.”

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