Not a Lexis+ subscriber? Try it out for free.
LexisNexis® CLE On-Demand features premium content from partners like American Law Institute Continuing Legal Education and Pozner & Dodd. Choose from a broad listing of topics suited for law firms, corporate legal departments, and government entities. Individual courses and subscriptions available.
Here is a link to the Sept. 21, 2021 oral argument video.
To recap: Tomczyk v. Wilkinson, 987 F.3d 815 - "DHS failed to apply the correct legal standard under 8 U.S.C.S. § 1231(a)(5) for entering an order reinstating the alien's deportation order because the alien had not "reentered the United States illegally" within the meaning of § 1231(a)(5) based solely on the fact of inadmissibility at the time of reentry, but rather, the act of reentering illegally under § 1231(a)(5) required some form of misconduct by the noncitizen. Petition granted and case remanded."
Subsequent History: Later proceeding at Tomczyk v. Garland, 2021 U.S. App. LEXIS 10288 (9th Cir., Apr. 9, 2021)
Vacated by, Rehearing granted by, En banc Tomczyk v. Garland, 2021 U.S. App. LEXIS 19970 (9th Cir., July 6, 2021)