Wednesday, November 13, 2013

Morales-Izquierdo v. Gonzalez case brief

Morales-Izquierdo v. Gonzalez case brief summary
486 F.3d 484 (2007)

Petitioner immigrant sought review of the decision entered by the Board of Immigration Appeals (BIA) that held that the immigrant's removal orders could only be reinstated by an immigration judge after it determined that the regulation that authorized immigration officers to issue reinstatement orders, 8 C.F.R. § 241.8, was invalid.

A warrant of removal was issued, and the immigrant was apprehended and removed in 1998. He attempted to re-enter illegally in 2001, and then re-entered the following day without detection. Sometime between his 1998 and 2001 removals, the immigrant married a United States citizen. The wife filed an I-130 alien relative petition based on the marriage. The I-130 petition was denied and a notice of intent to reinstate the immigrant's removal order was issued in accordance with 8 C.F.R. § 241.8.


  • The appellate court held that a previously removed alien who reentered the country illegally was not entitled to a hearing before an immigration judge to determine whether to reinstate a prior removal order. 
  • The reinstatement statute, 8 U.S.C.S. § 1231(a)(5), and its implementing regulation comported with due process, and 8 C.F.R. § 241.8 was a valid interpretation of the Immigration and Nationalization Act. 
  • The immigrant had shown no violation of due process in the conduct of his reinstatement proceeding.


The court denied the petition for review.

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