Ruelas-Rios v. Holder, Jr., No. 11-9523 (10th Cir. 2011)
Annotate this CasePetitioner Joel Ruelas-Rios sought judicial review of the Department of Homeland Security's (DHS) order that reinstated his prior removal order. Petitioner is a native and citizen of Mexico. He applied for admission to the United States in 1998 by falsely representing himself as a lawful permanent resident of the United States. Petitioner presented another person’s valid Resident Alien Card at the border. Petitioner was removed that same day under expedited procedures. In 2011, Petitioner was detained in Kansas while attempting to enter McConnell Air Force Base to perform work as a contractor. DHS issued Petitioner notice of its intent to reinstate his prior removal order as an alien who illegally reentered the United States after having been previously removed. Petitioner petitioned for review of DHS's reinstatement order, raising a single contention: whether reinstatement of a prior removal order, without providing the alien a hearing before an immigration judge, is a violation of due process when the alien was also denied a hearing in connection with the prior removal order and had been in the United States for an extended period of time. Because Petitioner failed to establish any prejudice as a result of not being afforded a hearing before an immigration judge, his due process claim failed. The Tenth Circuit denied Petitioner's request for review.
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