Martinez v. Johnson, No. 13-60420 (5th Cir. 2014)
Annotate this CasePetitioner, a citizen of Mexico, challenged the reinstatement of an order of removal by ICE, contending that the original order of deportation must be rescinded as unconstitutional. Alternatively, petitioner argued that the order could not be reinstated because he legally reentered the United States. The court concluded that it lacked jurisdiction to hear petitioner's due process claim. Alternatively, petitioner's challenge to the reinstatement order was without merit where he illegally crossed the border and then applied for a new immigration card with a different identity and number. Successfully deceiving immigration officials into providing one with a new immigration card did not constitute either permission to reenter from the Attorney General or legal reentry. Accordingly, the court denied the petition for review.
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