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HERRERA-MOLINA v. HOLDER

No. 07-0985-ag.

597 F.3d 128 (2010)

William HERRERA-MOLINA, a.k.a. Eduardo Salazar, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent.

United States Court of Appeals, Second Circuit.

Decided March 3, 2010.

Attorney(s) appearing for the Case

Haroutyun Asatrian, Strasser Asatrian, LLC, Newark, NJ, for Petitioner.

Anna E. Nelson, Trial Attorney for the United States Department of Justice, Office of Immigration Litigation (Kelly J. Walls, Trial Attorney for the United States Department of Justice, Office of Immigration Litigation; Jeffrey S. Bucholtz, Acting Assistant Attorney General for the United States Department of Justice, Civil Division; and Linda S. Wernery, Assistant Director for the United States Department of Justice, Office of Immigration Litigation, on the brief), Washington, DC, for Respondent.

Before: MINER, CABRANES, and STRAUB, Circuit Judges.

STRAUB, Circuit Judge:

Petitioner William Herrera-Molina seeks review of a February 23, 2007 decision of the United States Department of Homeland Security, Immigration and Customs Enforcement ("ICE"), reinstating a prior order of deportation for illegal entry, entered in July 1985 against Herrera-Molina. The first issue before us is whether the reinstatement of removal statute, section 241(a)(5) of the Immigration and Naturalization Act ("INA"), as added by section...

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