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VELASQUEZ-GABRIEL v. CROCETTI

No. 00-1755.

263 F.3d 102 (2001)

Francisco VELASQUEZ-GABRIEL, Petitioner, v. Louis D. CROCETTI, Jr., District Director for the Immigration and Naturalization Service; U.S. Immigration & Naturalization Service; John Ashcroft, Attorney General, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided August 22, 2001.

Attorney(s) appearing for the Case

ARGUED: Jaime Wintheysen Aparisi, Silver Spring, Maryland, for Petitioner.

Papu Sandhu, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC, for Respondents.

ON BRIEF: David W. Ogden, Assistant Attorney General, Emily Anne Radford, Assistant Director, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC, for Respondents.

Before MOTZ and GREGORY, Circuit Judges, and FREDERIC N. SMALKIN, United States District Judge for the District of Maryland, sitting by designation.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Francisco Velasquez-Gabriel challenges, as impermissibly retroactive, the Immigration and Naturalization Service's (INS) reinstatement of his prior deportation pursuant to § 241(a)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1231(a)(5) (Supp. V 1999). We hold that § 241(a)(5) does not have a retroactive effect on Velasquez-Gabriel and thus affirm reinstatement of the prior order deporting...

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