Mendoza v. Sessions

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 16-3568
Decision Date: 
May 31, 2018
Federal District: 
Petition for Review, Order of U.S. Dept. of Homeland Security
Holding: 
Petition denied

Deportation officer did not err in making determination that alien (Mexican citizen) had illegally reentered U.S. and was subject to reinstatement of prior 1993 removal order, where: (1) prior removal order prohibited alien from reentering U.S. for five years without prior permission from Attorney General to do so; and (2) within weeks of his removal, alien crossed border back into U.S. without previously obtaining consent from Attorney General. Record also showed that alien had been arrested in 2016 for aggravated D.U.I charge and was served at that time with Notice of Intent to Reinstate Prior Order of Removal. Moreover, while alien argued before deportation officer that he was not subject to reinstatement of removal order under section 1231(a)(5), because border guard had allowed him to reenter U.S., and thus his reentry was “procedurally regular,” deportation officer could properly reject alien’s claim, since alien’s procedurally regular, but substantively unlawful reentry to U.S. was still “unlawful” for purposes of reinstating prior removal order. Also, alien was not entitled to full hearing before immigration judge prior to issuance of reinstatement of removal order.