The Fifth Circuit has affirmed the reinstatement of a removal order issued against a petitioner who had applied for adjustment of status multiple times prior to the effective date of IIRIRA, on the ground that all of the applications had been denied prior to the reinstatement of his removal order. The court also rejected the petitioner’s argument that his removal order should be not reinstated because his last entry to the United States was through a port of entry. The court noted that the entry was not substantively legal because the petitioner had not filed an I-212 before reentering the United States.
The full text of Terrazas-Hernandez v. Barr can be found here:
http://www.ca5.uscourts.gov/opinions/pub/17/17-60522-CV0.pdf