Gary Tomczyk v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GARY TOMCZYK, No. 16-72926 Petitioner, Agency No. v. A029-468-078

MERRICK B. GARLAND, Attorney General, OPINION Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted En Banc September 21, 2021 Pasadena, California

Filed December 14, 2021

Before: Sidney R. Thomas, M. Margaret McKeown, Kim McLane Wardlaw, Ronald M. Gould, Richard A. Paez, Consuelo M. Callahan, Ryan D. Nelson, Eric D. Miller, Kenneth K. Lee, Danielle J. Forrest, and Lawrence VanDyke, Circuit Judges.

Opinion by Judge Callahan SUMMARY *

Immigration

Denying in part and dismissing in part Gary Tomczyk’s petition for review of a Board of Immigration Appeals’ decision, the en banc court held that an individual’s inadmissible status renders that individual’s reentry illegal for purposes of reinstatement of a prior removal order under 8 U.S.C. § 1231(a)(5), regardless of the individual’s manner of reentry.

Tomczyk, a citizen of Canada, was deported in July 1990. He reentered in July 1991…