Question: Can they deport me again, I wonder?
Answer: Removal pursuant to §241(a)(5) of the Immigration and Nationality Act (INA) – The reinstatement of removal provision – accounts for 40% of all removals nationwide. Additionally, two-thirds of nationwide reinstatements take place within the Ninth Circuit. In such cases, one might ask, can they deport me again under this provision?
Question: What is reinstatement of removal?
Answer: Reinstatement of removal is the term for removal pursuant to INA §241(a) (5). The alien is not eligible and may not apply for any relief under this chapter. Can they deport me again? Significantly, individuals subject to INA §241(a)(5) are “not eligible and may not apply for any relief”, under the Immigration and Nationality Act.
Question: Who is subject to rehabilitation of removal?
Answer: This is unless they meet a statutory or judicial exemption. In such circumstances, one might ask, can they deport me again under these conditions?
Question: Who is statutorily exempt from reinstatement of removal under INA §241(a)(5)?
Answer: Nicaraguans and Cuban applicants for adjustment under §202 of the Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA). Salvadoran, Guatemalan, and Eastern European applicants under NACARA and Haitian applicants for adjustment under the Haitian Refugee Immigration Fairness Act of 1998 (HRIFA).
Question: Who is judicially exempt from reinstatement of removal under INA §241(a)(5)?
Answer: Litigation in the courts of appeals has resulted in a number of case law exemptions to §241(a)(5). The First, Seventh, and Eleventh Circuits who applied for discretionary relief before April 1, 1997. Additionally, the Ninth Circuit who filed an application for adjustment of status and application for permission to reapply for admission to the United States after deportation or removal (aka I-212 waiver) prior to the reinstatement determination.
Question: After issuance of a reinstatement order, can a person apply for any “relief” from removal?
Answer: A final reinstatement order triggers the bar to relief in INA §241(a)(5). However, DHS has previously taken the position that withholding of removal is not a form of relief because it is mandatory, not discretionary. Thus, if a person expresses a fear of return during the reinstatement process, the regulations provide for an interview with an asylum officer.
— When a removal order can be reinstated and what you can do
If you already have a final removal/deportation order, immigration authorities can in many circumstances remove you again — often through a reinstatement of removal if you returned without authorization, through enforcement of an existing in-absentia order, or after reopening/appeal if the order is upheld. The rules and remedies depend on how the prior order was entered and whether you have new, timely legal arguments or statutory exceptions.
Short answers up front
- Yes — DHS can reinstate a prior order and remove you without a new IJ hearing if you illegally reenter after removal.
- Yes — in-absentia orders remain enforceable unless reopened or rescinded.
- Possibly not — if you successfully obtain reopening, a stay, or protection (asylum/withholding/CAT).
Key legal references (for editors)
- Reinstatement statute & rules: INA §241(a)(5) / 8 U.S.C. §1231(a)(5) and 8 C.F.R. §241.8.
- In-absentia orders: 8 U.S.C. §1229a(b)(5) and related case law on notice and reopening.
- Motions to reopen: 8 C.F.R. §1003.23 and EOIR practice guidance; BIA standards on ineffective assistance and new evidence.
- Criminal reentry statute & inadmissibility bars: 8 U.S.C. §1326 and INA §212(a)(9).
Contact us for an urgent intake — time limits matter and some filings must be made immediately to preserve relief.