Sergio Alfonso Arreola-Arreola v. John Ashcroft, Attorney General

Sergio Alfonso Arreola-Arreola (“Arreola”) petitions for review of an immigration officer’s decision to reinstate a pri- or order of removal. He challenges the reinstatement order on two principal grounds. First, he contends that the predicate removal order cannot serve as the basis for the reinstatement order because in the prior removal proceeding, the Immigration Judge (“IJ”) erroneously determined that he had been convicted of an aggravated felony. In ordering Arreola removed, the IJ ruled that Arreola’s conviction for driving under the influence constituted an aggravated felony within the meaning of 8 U.S.C. § 1101 (a)(43)(F). See Matter of Magallanes-Garcia, 22 I. & N. Dec. 1 , 1998 WL 133301 (BIA 1998), overruled by In re Ramos, 23 I. & N. Dec. 336 , 2002 WL 1001049 (BIA 2002). After he was removed from the country, however, we determined that a conviction for driving under the influence did not constitute an aggravated felony. See Montiel-Barraza v. INS, 275 F.3d 1178 (9th Cir.2002). Thus, Arreola argues that, in light of the changes in the law, the prior removal order is invalid and cannot serve as the basis for the reinstatement order. We reject this argument because…