In a shockingly awful decision that breaks with all past interpretation, the Ninth Circuit has determined that section 212(a)(9)(C)(i)(II) - the “permanent bar” related to reentry without inspection after removal - is retroactive to entries before April 1, 1997. The decision disregards past Ninth Circuit caselaw, as well as agency memorandum, which both determined that this statute only applies beginning on April 1, 1997. The court also seems to conflate the "permanent bar” with the reinstatement statute. It also finds that the question of whether someone is subject to a reinstated removal order is a question of fact, unreviewable by a federal appeals court. In sum, the decision is full of bad legal reasoning and bad legal conclusions. The only tiny ray of hope is that the Court seems to acknowledge that ICE is prohibited from reinstating a removal order before USCIS completes adjudication of a pending adjustment application.
The full text of Rivera Vega v. Garland can be found here: https://cdn.ca9.uscourts.gov/datastore/opinions/2022/07/08/19-71750.pdf
An order vacating this opinion (hooray!) can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2023/08/31/19-71750.pdf