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Court Affirms Reinstatement of Prior Removal Order After Illegal Reentry

The Seventh Circuit denied the petition for review, rejecting the argument that, because reentry by the previously removed petitioner was “procedurally irregular,” he was entitled to a full hearing before an immigration judge rather than being subject to reinstatement of his prior removal order.

Court Says Individuals with Reinstated Removal Orders and in Withholding-Only Proceedings Are Not Eligible for Bond

The Ninth Circuit held that reinstated removal orders are administratively final, and that the detention of noncitizens subject to reinstated removal orders is governed by INA §241(a), rather than by INA §236(a). Thus, the court found that the petitioner was not entitled to a bond hearing. The court noted that its decision creates a circuit split with the Second Circuit’s decision in Guerra v. Shanahan.

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