Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072

Monday, March 4, 2013

Reinstatement of removal

Juarez-Chavez v. Holder, No. 11-4224 (6th Cir. Feb. 19, 2013) (unpublished)

In this case, ICE reinstated a prior removal order.  The alien filed a timely petition for review.  The basis for the challenge was that the prior order, which was a stipulated order, was not done voluntarily, etc., and that the procedure whereby IJ's sign off on stipulated orders without further review violates due process.

The court rejected both arguments.  The court declined to review the underlying order because such challenge was untimely. This could close off the door to any challenges to defective orders that are being reinstated, but the court did allow for an as-applied challenge in the appropriate case, such as where a timely challenge to the underlying order was not possible due to ineffective assistance of counsel or government misconduct.

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