Reinstatement of removal after voluntary departure

Casillas v. Holder, No. 09-3831 (6th Cir. Sept. 2, 2011) (published)

This case is notable for a number of reasons.  First, an alien seeking to establish that he complied with a voluntary departure order must be able to prove that he timely departed.  Second, there is no jurisdiction, on a petition for review, to review ICE's denial of a stay, an IJ's bond decision, and an untimely challenge to the underlying order being reinstated.

Third, the Court held that the proper vehicle for challenging ICE's decision to reinstate a removal order is through a habeas petition, at least where the alien is challenging whether there is even a removal order.

Not addressed by the court, though, is whether a petition for review can be filed directly from a reinstatement order.  There is authority in support of this, but this was not at play in this case.