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FERNANDEZ-VARGAS v. GONZALES

No. 04-1376.

548 U.S. 30 (2006)

FERNANDEZ-VARGAS v. GONZALES, ATTORNEY GENERAL

Supreme Court of United States.

Decided June 22, 2006.

Attorney(s) appearing for the Case

David M. Gossett argued the cause for petitioner. With him on the briefs was Andrew Tauber.

Sri Srinivasan argued the cause for respondent. With him on the brief were Solicitor General Clement, Assistant Attorney General Keisler, Deputy Solicitor General Kneedler, Donald E. Keener, and Alison Marie Igoe.*

JUSTICE SOUTER delivered the opinion of the Court.

For some time, the law has provided that an order for removing an alien present unlawfully may be reinstated if he leaves and unlawfully enters again. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, div. C, 110 Stat. 3009-546, enlarged the class of illegal reentrants whose orders may be reinstated and limited the possible...

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