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attorneyaffidavit
attorneyaffidavit

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Beekhan v. Holder

Facts

In January 1997, Beekhan was ordered removed from the United States and was physically removed. She reentered the U.S. in February 1997 using another person's passport. After ten years, she applied for adjustment of status, but USCIS found her to be a previously deported alien who entered without authorization. ICE reinstated her prior removal order in June 2009, and Beekhan later contested this order, arguing that her reentry did not constitute illegal reentry.

In January 1997, Beekhan was ordered removed from the United States and was physically removed. She reentered the U.S. in February 1997 using another person's passport. After ten years, she applied for adjustment of status, but USCIS found her to be a previously deported alien who entered without authorization. ICE reinstated her prior removal order in June 2009, and Beekhan later contested this order, arguing that her reentry did not constitute illegal reentry.

Issue

Did ICE err in reinstating Beekhan's prior removal order based on her reentry using another person's passport?

Did ICE err in reinstating Beekhan's prior removal order based on her reentry using another person's passport?

Rule

Under the Immigration and Nationality Act, a prior order of removal shall be reinstated if the Attorney General finds that an alien has reentered the United States illegally after having been removed.

Under the Immigration and Nationality Act, a prior order of removal shall be reinstated if the Attorney General finds that an alien has reentered the United States illegally after having been removed.

Analysis

The court found that even if Beekhan's affidavit were considered, she would still be ineligible for reinstatement because knowingly using another person's passport to reenter the U.S. constitutes illegal reentry under the INA. The court referenced previous cases that established the legal standard for illegal reentry.

The court found that even if Beekhan's affidavit were considered, she would still be ineligible for reinstatement because knowingly using another person's passport to reenter the U.S. constitutes illegal reentry under the INA. The court referenced previous cases that established the legal standard for illegal reentry.

Conclusion

The court denied Beekhan's petition for review, affirming the reinstatement of her removal order.

The court denied Beekhan's petition for review, affirming the reinstatement of her removal order.

Who won?

The government prevailed in the case because the court upheld ICE's reinstatement of Beekhan's removal order based on her illegal reentry.

The government prevailed in the case because the court upheld ICE's reinstatement of Beekhan's removal order based on her illegal reentry.

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