A federal appellate court has jurisdiction to review a reinstatement order, and some collateral attack is permitted on an underlying removal order during review of a reinstatement order if the petitioner can show that he suffered a gross miscarriage of justice in the initial deportation proceeding; a gross miscarriage of justice occurs when a deportation or removal order had no legal basis at the time of its issuance or at the time of its execution; the gross miscarriage of justice standard does not include a diligence component that bars a collateral challenge to a prior order when a reinstatement order is timely challenged on the ground that the prior order, on which the new order is based, is invalid. An order of removal in 8 U.S.C. §1252(b)(1) covers both removal and reinstatement orders such that, in cases where the petitioner seeks review of a reinstatement order, §1252(b)(1) requires only that the reinstatement order be challenged within 30 days of becoming final.
Vega-Anguiano v. Barr - filed Nov. 19, 2019
Cite as 2019 S.O.S. 15-72999
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