Alvarenga-Villalobos
Alvarenga-Villalobos v. Reno
Opinion
Opinion
Walker, J.
ORDER
Petitioner was deported in 1997 and illegally reentered shortly thereafter. The Immigration and Naturalization Service (INS) reinstated petitioner’s previous order of deportation and plans to deport petitioner on December 22, 2000. Petitioner seeks collaterally to attack the legality of his prior order of deportation in light of legal developments occurring after his previous order became final. The court must determine whether INA section 241(a)(5), 8 USC § 1231 (a)(5), precludes such an attack and if so whether the provision is constitutional.
I
Petitioner is a native and citizen of El Salvador. He immigrated to the United States and was admitted on or about July 28, 1977. On or about June 17, 1993, petitioner was charged by the INS with being deportable under INA former section 241 (a)(2)(A)(ii) because petitioner had been convicted of two crimes involving moral turpitude not arising out of a single scheme of criminal conduct. About a year later, petitioner applied for a waiver of deportation under INA former section 212(c). At a hearing before an Immigration Judge (IJ) on June 16, 1997, petitioner’s application for 212(c) relief was preter-mitted on the grounds that…