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SARMIENTO CISNEROS v. U.S. ATTY. GEN.

No. 03-13740.

381 F.3d 1277 (2004)

Jose Angel SARMIENTO CISNEROS, Petitioner, v. UNITED STATES ATTORNEY GENERAL, Respondent.

United States Court of Appeals, Eleventh Circuit.

August 27, 2004.

Attorney(s) appearing for the Case

Michael Joseph Powell, Baker, Donelson, Bearman, Caldwell & Berkowitz, Atlanta, GA, for Petitioner.

Papu Sandhu, David V. Bernal, Barry J. Pettinato, Emily Anne Radford, U.S. Dept. of Justice, Civ. Div., OIL, Washington, DC, for Respondent.

Before CARNES, HULL and PRYOR, Circuit Judges.

PRYOR, Circuit Judge:

This petition for review of an order of the Bureau of Immigration and Customs Enforcement (BICE) raises an issue that has divided seven of our sister circuits: the temporal reach of 8 U.S.C. section 1231(a)(5), which both provides for the reinstatement of an order of removal of an alien who has reentered the United States illegally and bars the alien from filing an application for discretionary relief. The resolution of this issue depends on...

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