Ojeda-Terrazas v. Ashcroft

W. EUGENE DAVIS, Circuit Judge:

Petitioner Benjamin Ojeda-Terrazas petitions for review of an order of the Immigration and Naturalization Service (“INS”) reinstating his prior deportation order under § 241(a)(5) of the Immigration and Nationality Act (“INA”). 1 Ojeda-Terrazas argues that § 241(a)(5) does not apply retroactively to aliens who, like Ojeda-Terrazas, illegally reentered the United States before the statute’s effective date of April 1, 1997. Ojeda-Terrazas further argues that § 241(a)(5)’s implementing regulations violate his due process rights under the Fifth Amendment. Because we…