Aguilar-Garcia

*221 MEMORANDUM *

Silvia Aguilar-Garcia, a Guatemalan citizen, was ordered deported on December 2, 1996 in absentia when she failed to appear at her asylum hearing. Aguilar’s motion to reopen was subsequently denied by the Immigration Judge and the BIA. While the denial of her motion to reopen was still pending on appeal before the BIA, Aguilar self-deported in 1997 to visit her ailing father in Guatemala. She reentered the United States seven days later using a multiple entry visa issued to her in 1988. Aguilar remained in the country, and on October 28, 2002, she was interviewed by an immigration officer in connection with her application for adjustment of status. When the officer discovered Aguilar’s 1997 self-deportation and reentry, he reinstated her prior order of removal pursuant to 8 U.S.C. § 1231 (a)(5). Aguilar appeals the reinstatement of her removal order.

I

Aguilar argues that the Department of Homeland Security erred in applying the reinstatement statute, § 1231(a)(5), because she reentered the country upon authorization and inspection by an immigration official, and thus, did not reenter the United States “unlawfully” as required by the provision. However, under…