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OJEDA-TERRAZAS v. ASHCROFT

No. 01-60460.

290 F.3d 292 (2002)

Benjamin OJEDA-TERRAZAS, also known as Benjamin T. Ojeda, also known as Benjamin Ojeda, Petitioner, v. John ASHCROFT, United States Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

May 9, 2002.

Attorney(s) appearing for the Case

Conn Felix Sanchez (argued), Kansas City, KS, for Petitioner.

Barry Joseph Pettinato (argued), David V. Bernal, Thomas Ward Hussey, Director, U.S. Dept. of Justice, Civ. Div., Immigration Litigation, John Ashcroft, Civ. Div., App. Staff, Washington, DC, Luis Garcia, U.S. INS, El Paso, TX, Christine G. Davis, U.S. INS, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.

Before ALDISERT, DAVIS and PARKER, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Petitioner Benjamin Ojeda-Terrazas petitions for review of an order of the Immigration and Naturalization Service ("INS") reinstating his prior deportation order under § 241(a)(5) of the Immigration and Nationality Act ("INA").1 Ojeda-Terrazas argues that § 241(a)(5) does not apply retroactively to aliens who, like Ojeda-Terrazas, illegally reentered the United States before the statute's effective...

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