Morales-Izquierdo v. Gonzalez
United States Court of Appeals for the Ninth Circuit
486 F.3d 484 (2007)
Morales-Izquierdo (defendant) was ordered deported in absentia in 1994, removed in 1998, caught attempting reentry with a fake border-crossing card in 2001, and reentered again the very next day; after he married a U.S. citizen who filed a status-adjustment petition on his behalf, an immigration officer denied the petition and served a notice of intent to reinstate his prior removal order under 8 C.F.R. § 241.8. Morales petitioned the Ninth Circuit for review of the reinstatement order.
Whether an alien who was previously removed but reentered the United States is entitled to a hearing before an immigration judge to determine whether the prior removal order should be reinstated.