Jessica Tellez v. Loretta E. Lynch

This casé raises a question of first impression for the federal courts: Has an alien “reentered” the United States for the purpose of reinstating a removal order, 8 U.S.C. § 1231 (a)(5), when she was previously removed at a border-crossing checkpoint?

Jessica Tellez made her first known effort to cross the U.S. border at San Ysidro in 2000. She claimed to be a U.S. citizen, but a suspicious immigration officer referred her for a secondary inspection. Tel-lez then admitted that she was a Mexican citizen without a valid entry document. She was deemed inadmissible and signed a statement acknowledging that she could not return to the United States for five years. Tellez was then issued an expedited removal order under 8 U.S.C. § 1225 (b)(1) and was returned to Mexico. Undaunted, Tellez returned to the United States the following week. She “dressed up in a nice, pretty dress,” and “smile[d] at the immigration officer” from the passenger seat of a car. The officer waved the ear through, and Tellez settled in the United States.

In 2012, Tellez applied for a waiver of inadmissibility and adjustment of her status to that of a lawful permanent resident. The applications were…