Castro-Cortez v. Immigration & Naturalization Service

REINHARDT, Circuit Judge:

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) Pub.L. No. 104-208, 110 Stat. 3009-546 (1996) breathed new life into a dormant provision of the Immigration and Nationality Act (INA) that permitted the INS to reinstate prior orders of removal against aliens who reentered the United States.1 The revised provision, codified at INA § 241(a)(5), 8 U.S.C. § 1231(a)(5), not only expands the types of orders subject to reinstatement, but constrains the relief available to aliens whose orders are reinstated. When implementing the revised…