Shahrzad Baghai (argued), Trial Attorney, Office of Immigration Litigation; Sabatino F. Leo , Assistant Director, Office of Immigration Litigation; Brian M. Boynton , Principal Deputy Assistant Attorney General, Civil Division; United States Department of Justice, Washington, D.C.; for Respondent.
Kristin Macleod-Ball and Trina A. Realmuto , National Immigration Litigation Alliance, Brookline, Massachusetts, for Amici Curiae National Immigration Litigation Alliance, Center for Gender & Refugee Studies, Florence Immigrant and Refugee Rights Project, and Northwest Immigrant Rights Project.
Lee Gelernt and Anand Balakrishnan , American Civil Liberties Union Foundation, Immigrants' Rights Project, New York, New York; Cody Wofsy , American Civil Liberties Union Foundation, Immigrants' Rights Project, San Francisco, California; for Amicus Curiae American Civil Liberties Union.
Before: Mary H. Murguia, Chief Judge, and William A. Fletcher and Mark J. Bennett, Circuit Judges.
OPINION
MURGUIA, Chief Circuit Judge.
Jose Luis Alonso Juarez ("Alonso"), a native and citizen of Mexico, reentered the United States without inspection in 2003. The Department of Homeland Security ("DHS") ordered him removed to Mexico after reinstating an earlier removal order that had been entered against him in 1994. Because Alonso...
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