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Petition for Review of DHS's Reinstatement Order of a Mexican Citizen Denied

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By FindLaw Staff on July 30, 2010 7:02 PM

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.

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