About Me

My photo
Beverly Hills, California, United States
Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

Translate

Tuesday, November 19, 2019

Vega-Anguiano v. Bar

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

For more information, go to: http://www.beverlyhillsimmigrationlaw.com/