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SILVA ROSA v. GONZALES

No. 05-60231.

490 F.3d 403 (2007)

Alexis SILVA ROSA, Petitioner, v. Alberto R. GONZALES, United States Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

June 25, 2007.

Attorney(s) appearing for the Case

Jason C. Mills (argued), Fort Worth, TX, for Petitioner.

Cindy S. Ferrier (argued), Thomas Ward Hussey, Director, U.S. Dept. of Justice, Office of Immigration Litigation, Alberto R. Gonzales, U.S. Dept. of Justice, Washington, DC, Anne M. Estrada, U.S.I.N.S., Dallas, TX, Trey Lund, U.S. Immigration and Customs Enforcement, Field Office Director, Attn: Carl Perry, New Orleans, LA, for Respondent.

Before DAVIS, DENNIS and PRADO, Circuit Judges.

DENNIS, Circuit Judge:

In this immigration case, the petitioner challenges the Immigration and Customs Enforcement's ("ICE")1 reinstatement of a previous removal order under 8 U.S.C. § 1231(a)(5) as impermissibly retroactive.

We affirm the decision to reinstate the removal order, because the application of 8 U.S.C. § 1231(a)(5) is not impermissibly retroactive in this case. The statute does not impair any rights the petitioner...

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