Not a Lexis+ subscriber? Try it out for free.

Immigration Law

How Will the En Banc CA9 Rule in Tomczyk? (Reinstatement)

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)