UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

IMMIGRATION COURT

(City, State)

 

FILE NO.: Date:

 

IN THE MATTER OF:

IN REMOVAL PROCEEDINGS

RESPONDENT

 

ON BEHALF OF THE RESPONDENT: ON BEHALF OF DHS:

 

Assistant Chief Counsel

 

 

DECISION AND ORDER OF THE IMMIGRATION JUDGE

 

The proceedings will be terminated for lack of jurisdiction. The Government alleges that the respondent was previously removed from the United States, or departed voluntarily under an order of removal, and then reentered illegally. The Government is required to pursue reinstatement under Section 241(a)(5) of the Immigration and Nationality Act. Section 241(a)(5) states that, “the prior order of removal is reinstated from its original date and is not subject to being reopened or reviewed, the alien is not eligible and may not apply for any relief under this Act, and the alien shall be removed under the prior order at any time after the reentry.” The immigration officer’s specific duties regarding reinstatement are found at 8 C.F.R. section 241.8. The alien has no current right to a hearing before an Immigration Judge. Section 241(a)(5) of the Act; 8 C.F.R. 241.8; Fernandez-Vargas v. Gonzales, 126 S.Ct. 2422 (2006); Morales-Izquierdo v. Gonzales, 477 F.3d 691 (9th Cir. 2007); In re W-C-B-, 24 I&N Dec. 118 (BIA 2007).

 

ORDER: The proceedings are terminated for lack of jurisdiction.

 

 

Appeal Waived (A/DHS/B) _________________________

Appeal Due By:

Immigration Judge

_____________________________________________________________________________

CERTIFICATE OF SERVICE

This document was served by: Mail (M) Personal Service (P)

To: ( ) Alien ( ) Alien C/O Custodial Officer ( ) Alien’s Att/Rep ( ) DHS

Date: ________________ By: Court Staff: ___________