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hearingvisaprosecutorjudicial review

hearingvisajudicial review

Related Cases

Morales de Soto v. Lynch

Facts

Francisca Morales de Soto attempted to enter the U.S. in 2000 but was removed due to lack of a legal visa. After reentering the U.S. illegally, she applied for lawful permanent residency based on family petitions, which were denied. In 2009, ICE notified her of its intention to reinstate her prior removal order. Morales filed a petition for review, seeking remand for ICE to reconsider its decision based on changes in prosecutorial discretion policies.

Francisca Morales de Soto attempted to enter the U.S. in 2000 but was removed due to lack of a legal visa.

Issue

Did the Ninth Circuit have the authority to remand the case to ICE for reconsideration of the reinstatement of Morales's removal order based on intervening agency memoranda and changes in circumstances?

Rule

The INA allows the government to reinstate a prior order of removal without a hearing if the factual predicates for reinstatement are met. The court has limited authority to review discretionary decisions made by ICE regarding reinstatement.

The INA allows the government to reinstate a prior order of removal without a hearing if the factual predicates for reinstatement are met.

Analysis

The court determined that the factual predicates for reinstatement were satisfied, and thus ICE's decision to reinstate the removal order was not subject to judicial review. The court also noted that the intervening agency memoranda did not change the law applicable to the case, and Morales's arguments regarding the need for remand were unpersuasive.

The court determined that the factual predicates for reinstatement were satisfied, and thus ICE's decision to reinstate the removal order was not subject to judicial review.

Conclusion

The Ninth Circuit upheld ICE's reinstatement of Morales's removal order and denied her petition for review, concluding that there were no grounds for remand.

Who won?

The government prevailed in the case, as the court found that ICE's reinstatement of the removal order was justified and not subject to remand.

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