New Article: Reinstatement of Removal

Alexander J. Segal's picture

We have just posted a detailed overview of reinstatement of removal. If an alien is found to have reentered the United States illegally after having been previously removed or having left under a grant of voluntary departure under a previous removal order, the alien may be subject to reinstatement of removal. Reinstatement of removal allows the Department of Homeland Security to reinstate the previous removal order. Aliens subject to reinstatement are not entitled to have the reinstatement of removal order reviewed by an immigration judge. However, there are limited ways in which an alien may seek relief from reinstatement of removal. These include demonstrating a reasonable fear of persecution or torture, challenging the original removal proceeding, or if eligible, seeking relief under HRIFA or NACARA. Our article explains the triggers for reinstatement of removal, reinstatement of removal procedures and remedies, and an explanation of how an experienced immigration attorney will be an invaluable asset to an alien facing reinstatement of removal.

To learn about similar immigration issues, please visit the growing Removal & Deportation Defense section of our website.