Alien’s second removal order did not supersede or otherwise invalidate the original order, so that alien’s latest entry, which was procedurally regular but substantively illegal because border officials allowed him to enter based on his invalid alien registration card, met the illegal reentry requirement in 8 U.S.C. Sec. 1231(a)(5). Appellate panel did not need to decide whether alien’s due process rights were violated when the government arrested and removed him upon showing up for an appointment ostensibly set to discuss his application to replace his permanent resident card, because he was removable in any event and was not prejudiced.
Tamayo-Tamayo v. Holder - filed February 28, 2013
Cite as 08-74005
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