Morales de Soto v. Lynch

Petitioner, a Mexican native and citizen, petitioned for review of the government's reinstatement of a removal order issued in 2000. Petitioner received notice of removal in 2009 and, since that time, the government revised its policies regarding the exercise of prosecutorial discretion in immigration proceedings. The court concluded that there is nothing in the facts of petitioner’s case justifying remand to ICE for it to reconsider its decision to reinstate her prior expedited removal order; intervening agency memoranda that do not change the law to be applied by an appellate court do not require remand to the agency; nor was ICE required to explain its reasoning when exercising its prosecutorial discretion to reinstate petitioner's removal order; and ICE was not required to wait until all of petitioner's administrative appeals had concluded before reinstating removal. Accordingly, the court denied the petition for review. View "Morales de Soto v. Lynch" on Justia Law