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The U.S. Court of Appeals for the Ninth Circuit has
granted en banc rehearing in Morales-Izquierdo v. Ashcroft.
In granting rehearing, the court also vacated the previous decision in
the case, which was issued by a three-judge panel. The panel decision
had invalidated 8 CFR section 241.8, finding that the regulation
allowing the Dept. of Homeland Security to reinstate a prior removal
order without holding a hearing before an immigration judge violates the
Immigration and Nationality Act (for a summary of the panel decision,
see "9th Circuit Rules Reinstatement Regulations
Violate the INA by Authorizing Removal Without a Hearing Before an IJ,"
Immigrants’ Rights Update,
Dec. 22, 2004, p. 4).
Morales-Izquierdo v. Ashcroft, 423 F.3d 1118 (9th Cir. 2005) (order
granting en banc rehearing and vacating prior decision at 388
F.3d 1299 (9th Cir. 2004)).
By
Linton Joaquin, NILC
executive director | joaquin@nilc.org |
