TOMCZYK v. WILKINSON

No. 16-72926.

987 F.3d 815 (2021)

Gary TOMCZYK, Petitioner, v. Robert M. WILKINSON, Acting Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed February 3, 2021.


Attorney(s) appearing for the Case

Xavier Gonzales (argued), Las Vegas, Nevada, for Petitioner.

Victor M. Lawrence (argued) and Emily Anne Radford , Assistant Directors; Jesse Lloyd Busen and Craig A. Newell Jr. , Attorneys; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Opinion by Judge W. Fletcher;


OPINION

Gary Tomczyk is a Canadian citizen. He was deported from the United States in the summer of 1990 under a final order of deportation. Twenty-six years later, he was taken into custody by Immigration and Customs Enforcement in Las Vegas, Nevada, after an arrest for driving under the influence of alcohol...

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