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MORALES-IZQUIERDO v. GONZALES

No. 03-70674.

477 F.3d 691 (2007)

Raul MORALES-IZQUIERDO, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Proceedings Stayed January 5, 2006.

Resubmitted June 22, 2006.

Filed February 6, 2007.

Attorney(s) appearing for the Case

Robert Pauw, Gibbs Houston Pauw, Seattle, WA, for the petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division; Jonathan F. Cohn, Deputy Assistant Attorney General; Donald E. Keener, Deputy Director, Office of Immigration Litigation; John Andre, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, Washington, D.C., for the respondent.

Trina A. Realmuto and Nadine K. Wettstein, American Immigration Law Foundation, Washington, D.C., as amici curiae in support of the petitioner.

Before MARY M. SCHROEDER, Chief Judge, HARRY PREGERSON, STEPHEN REINHARDT, ALEX KOZINSKI, PAMELA ANN RYMER, MICHAEL DALY HAWKINS, SIDNEY R. THOMAS, SUSAN P. GRABER, WILLIAM A. FLETCHER, RONALD M. GOULD and JAY S. BYBEE, Circuit Judges.

KOZINSKI, Circuit Judge.

When an alien subject to removal leaves the country, the removal order is deemed to be executed. If the alien reenters the country illegally, the order may not be executed against him again unless it has been "reinstated" by an authorized official.1 Until 1997, removal orders could only be reinstated by immigration judges. That year, the Attorney General changed the applicable...

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