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ALVARENGA-VILLALOBOS v. ASHCROFT

No. 00-17525.

271 F.3d 1169 (2001)

Tito Imer ALVARENGA-VILLALOBOS, Petitioner-Appellant, v. John ASHCROFT, Attorney General of the United States; Charles H. Demore, District Director, U.S. Immigration and Naturalization Service, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 26, 2001.

Attorney(s) appearing for the Case

Frank P. Sprouls, Ricci & Sprouls, San Francisco, California, for the petitioner-appellant.

Robert Yeargin, Special Assistant United States Attorney, Office of Immigration Litigation, San Francisco, California, for the respondents-appellees.

Before: FERNANDEZ, RYMER, and WARDLAW, Circuit Judges.

RYMER, Circuit Judge:

Section 241(a)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1231(a)(5) (2001), reinstates a prior order of removal without reopening or judicial review when an alien has reentered the United States illegally after having been removed. This appeal requires us to consider whether the prior order may be collaterally attacked, and if not, whether § 241(a)(5) is constitutional.

When Tito Alvarenga-Villalobos, a native...

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