Petition for Review of DHS's Reinstatement Order of a Mexican Citizen Denied
De la Paz v. Holder, 09-3229, concerned a Mexican citizen's petition for review of a reinstatement order by the Department of Homeland Security (DHS). First, the court rejected the government's argument that the court lacks jurisdiction for review in holding that the petition is timely as it was filed 16 days after first obtaining the order. Next, the court rejected petitioner's sufficiency challenge as the 1996 document was an actual order and thus should be treated as the prior order of removal. The court also held that petitioner's claim that the procedures employed to reinstate her exclusion order violated due process fails, and rejected petitioner's challenge to her underlying 1996 removal order for lack of jurisdiction.
- Full text of De la Paz v. Holder
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.