Serrano v. Barr

Federal 7th Circuit Court
Civil Court
Case Number: 
Decision Date: 
May 9, 2019
Federal District: 
Petition for Review, Order of U.S. Dept. of Homeland Security
Petition dismissed

In proceeding to reinstate 2005 removal order after alien had been discovered in U.S. by immigration officials after his removal, Ct. of Appeals lacked jurisdiction to consider alien’s claim that 2005 removal order was void because it had never been properly initiated. Under 8 USC section 1231(a)(5), Attorney General may reinstate prior removal order where, as here, there was finding that alien had entered U.S. illegally after having previously been removed, and prior removal order cannot be reopened or reviewed by Ct. of Appeals. Moreover, alien had other remedies available to him in 2005 to challenge 2005 removal order, but had failed to take advantage of them.