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De la Paz v. Holder, 09-3229

By FindLaw Staff on November 08, 2010 2:58 PM

Denial of petition for review DHS's reinstatement of its earlier order excluding Mexican citizen from the U.S.

De la Paz v. Holder, 09-3229, concerned a Mexican citizen's petition for review of a final order of the Department of Homeland Security (DHS) reinstating an earlier order excluding petitioner from the country.

In denying the petition, the court first held that the petition is timely as it was filed 16 days after first obtaining the order the petitioner seeks to challenge.  The court then went onto hold that sufficient evidence supports the DHS's conclusion that petitioner was subject to a prior order of removal, and that although the DHS failed to comply with its own regulations before entering the reinstatement order, petitioner was not prejudiced by the failure.  The court also held that petitioner's claim of due process violation fails as she cannot show any prejudice from the alleged violation.

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