Who is subject to reinstatement of removal and does an order already exist?
Unless an individual meets a statutory or judicial exemption, discussed below, INA Section 241(a)(5) applies to non-citizens who return to the United States illegally after having been removed under a prior order or deportation, exclusion or removal.
The reinstatement statute provides that:
“If the Attorney General finds that an alien has reentered the United States illegally after having been removed or having voluntarily departed, under an order of removal, 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 reentry.”
Even though the language of the statute references only prior orders of “removal”, the Department of Homeland Security also may reinstate prior orders of deportation or exclusion. If you think you may be eligible for a reinstatement of removal, please contact our experienced Los Angeles immigration attorneys for a free initial consultation.
If you or a loved one have immigration questions, do not hesitate to contact our experienced U.S. immigration lawyer. We provide a free consultation by phone or email.