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Morales-Izquierdo v. Gonzalez

United States Court of Appeals for the Ninth Circuit
486 F.3d 484 (2007)


Facts

Morales-Izquierdo (defendant) entered the United States from Mexico without inspection and was arrested in 1994. He was ordered deported in absentia. Morales claimed not to receive notice of the hearing, despite his signature on a return receipt. Morales was detained and removed from the United States in 1998. He was caught trying to reenter the United States with a fake border crossing card in 2001, but reentered the country again a day after his second removal. Morales married a United States citizen at some point during his stay in the country, and she filed a petition for status adjustment on his behalf. An immigration officer met with them in 2003 and served them with a denial of the petition and a notice of intent to reinstate Morales' prior removal order pursuant to 8 C.F.R § 241.8.  Morales then petitioned the Court of Appeals for the Ninth Circuit for review of the reinstatement order.

Rule of Law

Issue

Holding and Reasoning (Kozinski, J.)

Dissent (Thomas, J.)

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