Sandoval-Lopez

MEMORANDUM *

Lorena Sandoval-Lopez (“Sandoval”) appeals the Immigration and Naturalization Service’s (“INS”) order reinstating a prior order of removal under the Immigration and Nationality Act (“INA”) § 241(a)(5), 8 U.S.C. § 1231 (a)(5), and denying of her petition for adjustment of status under INA § 245(i). We have jurisdiction pursuant to INA § 242(a), 8 U.S.C. § 1252 (a) and hold that pursuant to INA § 241(a)(5) Sandoval is not eligible for adjustment of status relief.

In 1996, Congress enacted IIRIRA and added § 241(a)(5) in an effort to address the re-entry of illegal immigrants. Section 241(a)(5) applies more stringent measures and states that “[i]f the Attorney General finds that an alien has reentered the United States illegally after having been removed or having departed voluntarily, under an order of removal, the prior order of removal is reinstated from its original date and is not subject to being reopened or reviewed, the alien is not eligible and may not apply for any relief under this chapter, and the alien shall be removed under the prior order at any time after the reentry.”

Sandoval is a native and citizen of Mexico who illegally entered the United States.…