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Keywords

attorneystatutehearingdeportationadmissibility
statutehearing

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Tomczyk v. Garland

Facts

Gary Tomczyk was deported from the United States on July 2, 1990, after an immigration judge ordered his exclusion due to his drug-related convictions. He was informed that reentering the U.S. within one year of his deportation without permission from the Attorney General would subject him to prosecution. In July 1991, Tomczyk reentered the U.S. after being waved through by a border official, despite lacking valid immigration documents. Over 25 years later, he was arrested for DUI, leading to the reinstatement of his prior removal order by the Department of Homeland Security.

Gary Tomczyk was deported from the United States on July 2, 1990, after an immigration judge ordered his exclusion due to his drug-related convictions.

Issue

Whether Tomczyk's reentry into the United States was illegal under 8 U.S.C. 1231(a)(5) despite being waved in by a border official.

Whether Tomczyk's reentry into the United States was illegal under 8 U.S.C. 1231(a)(5) despite being waved in by a border official.

Rule

Under 8 U.S.C. 1231(a)(5), a noncitizen who reenters the United States illegally after being removed is subject to reinstatement of the prior removal order without the right to a hearing.

Under 8 U.S.C. 1231(a)(5), a noncitizen who reenters the United States illegally after being removed is subject to reinstatement of the prior removal order without the right to a hearing.

Analysis

The court applied the plain language of 8 U.S.C. 1231(a)(5) to determine that Tomczyk's inadmissible status rendered his reentry illegal, regardless of the circumstances of his entry. The court emphasized that the statute does not require misconduct beyond the status of inadmissibility for reentry to be considered illegal. The court also referenced prior cases that supported this interpretation, affirming that being waved in by a border official does not negate the illegality of reentry when the individual is inadmissible.

The court applied the plain language of 8 U.S.C. 1231(a)(5) to determine that Tomczyk's inadmissible status rendered his reentry illegal, regardless of the circumstances of his entry.

Conclusion

The court affirmed the reinstatement of Tomczyk's removal order, concluding that his reentry was illegal under the statute.

The court affirmed the reinstatement of Tomczyk's removal order, concluding that his reentry was illegal under the statute.

Who won?

The government prevailed in the case, as the court upheld the reinstatement of Tomczyk's removal order based on his inadmissible status at the time of reentry.

The government prevailed in the case, as the court upheld the reinstatement of Tomczyk's removal order based on his inadmissible status at the time of reentry.

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