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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- Eli Kantor
- 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
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