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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.”

Release on Bond for Reinstated Removal Order

The Second Circuit affirmed the district court, finding that a reinstated removal order is not final during the pendency of withholding-only proceedings, and thus, the detention of individuals with reinstated orders of removal and in withholding-only proceedings is governed by INA §236(a), which permits release on bond.

CA10 on “Illegal Reentry” for Purposes of Reinstatement of Removal

The court held that where Petitioner was waived through at the border one month after her removal from the U.S., she “reenter[ed] the United States illegally” for purposes of reinstatement of removal under INA §241(a)(5).

Expidited Removal and Reinstatement

This panel will evaluate whether a noncitizen may be subject to reinstatement of removal and identify strategies for those who may not have a prior order but who may face the possibility of expedited removal.

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