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liabilitystatutedivorcedeportation
statuteappealnaturalization

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Valdez-Sanchez v. Gonzales

Facts

Petitioner Juan Luis Valdez-Sanchez, a native and citizen of Mexico, was first deported from the United States on March 25, 1993. He illegally reentered the United States on May 8, 1993, and married a United States citizen in 1995. His wife filed an application for adjustment of status on his behalf, which was granted on February 11, 1997, making him a conditional lawful permanent resident. However, after a series of events including a divorce and a denied petition to remove conditions on his residency, DHS issued a reinstatement decision on February 17, 2005, reinstating his 1993 deportation order.

Petitioner, a native and citizen of Mexico, was first deported from the United States on March 25, 1993. Petitioner illegally reentered the United States on May 8, 1993. He married a United States citizen in 1995. Petitioner's new wife filed an application for adjustment of status on his behalf with the Immigration and Naturalization Service (INS), now DHS. INS granted the application on February 11, 1997, making Petitioner a conditional lawful permanent resident.

Issue

Whether DHS's application of 241(a)(5) of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 to reinstate a prior order of removal against the alien was impermissibly retroactive.

The question presented in this appeal is whether DHS's application of 241(a)(5) of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (IIRIRA) to reinstate a prior order of removal against Petitioner was impermissibly retroactive.

Rule

The retroactivity of a statute is a question of law reviewed de novo, guided by the Supreme Court's decision in Landgraf v. USI Film Products, which established a two-part test for determining whether a statute applies retroactively. A statutory provision has a 'retroactive effect' when its application impairs rights a party possessed when he acted, increases a party's liability for past conduct, or imposes new duties or new disabilities with respect to transactions already completed.

The retroactivity of a statute is a question of law we review de novo. Hem v. Maurer, 458 F.3d 1185, 1189 (10th Cir. 2006). In deciding whether the DHS's application of 241(a)(5) was impermissibly retroactive we are guided by the Supreme Court's decision in Landgraf v. USI Film Products, 511 U.S. 244, 280, 114 S. Ct. 1483, 128 L. Ed. 2d 229 (1994).

Analysis

The court applied the Landgraf analysis to determine that DHS's application of 241(a)(5) was impermissibly retroactive. The court noted that Petitioner had taken significant steps to change his status prior to IIRIRA's enactment, including marrying a U.S. citizen and applying for adjustment of status. The application of 241(a)(5) disturbed his substantive rights and expectations, as it eliminated the possibility of discretionary relief that was available to him before the statute's enactment.

The court noted that when application of IIRIRA 241(a)(5) disturbed an alien's substantive rights or expectations, DHS could not apply it retroactively. The alien applied for discretionary relief in the form of an adjustment of status prior to IIRIRA's enactment. Section 241(a)(5) eliminated the possibility of such relief and thus, retroactive application of 241(a)(5) attached a new disability.

Conclusion

The petition for review was granted, the order of removal was vacated, and the case was remanded for proceedings consistent with the opinion.

The petition for review was granted, the order of removal was vacated, and the case was remanded for proceedings consistent with the opinion.

Who won?

Petitioner Juan Luis Valdez-Sanchez prevailed in the case because the court found that DHS's application of 241(a)(5) was impermissibly retroactive, which violated his substantive rights.

Petitioner Juan Luis Valdez-Sanchez prevailed in the case because the court found that DHS's application of 241(a)(5) was impermissibly retroactive, which violated his substantive rights.

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