Ortega v. Holder, No. 10-71084 (9th Cir. 2014)
Annotate this CasePetitioner, a native and citizen of Mexico, challenged the reinstatement of his removal order under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. No. 104-208, div. C., 110 Stat. 3009-546. Petitioner argued that the Act cannot retroactively eliminate his right to renew his application for relief from reinstatement. The court rejected petitioner's argument because he did nothing before the Act's effective date ten years later. Although petitioner's initial application for adjustment of status was denied on the merits in 1987, he did nothing to renew his application during the decade that passed before the Act would become effective. Accordingly, the court denied the petition where petitioner had no vested right.
Court Description: Immigration. The panel denied Jose Ortega’s petition for review of the Department of Homeland Security’s reinstatement pursuant to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 of his prior order of removal. The panel held that application to Ortega of the reinstatement statute was not impermissibly retroactive, because he had taken no action to vest any right he may have initially had to renew his application for adjustment of status.
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