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VALDEZ-SANCHEZ v. GONZALES

No. 05-9506.

485 F.3d 1084 (2007)

Juan Luis VALDEZ-SANCHEZ, Petitioner, v. Alberto GONZALES, United States Attorney General, Respondent. American Immigration Law Foundation, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

April 23, 2007.

Attorney(s) appearing for the Case

Chris Kozoll (Jeff Joseph with him on the brief), Joseph Law Firm, P.C., Aurora, CO, for Petitioner.

R. Alexander Goring, Attorney (David V. Bernal, Assistant Director and Jamie M. Dowd, Trial Attorney, on the brief), Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington D.C., for Respondent.

Trina A. Realmuto and Nadine K. Wettstein, American Immigration Law Foundation, Washington D.C., filed an Amicus Curiae brief in support of Petitioner.

Before O'BRIEN, BALDOCK, and HOLMES, Circuit Judges.

BALDOCK, Circuit Judge.

Petitioner Juan Luis Valdez-Sanchez seeks review of the Department of Homeland Security (DHS)'s February 2005 order reinstating a 1993 order removing him from the United States. The question presented in this appeal is whether DHS's application of § 241(a)(5) of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (IIRIRA) to reinstate a prior order of removal against Petitioner was impermissibly retroactive. We have...

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