Court of Appeals for the Ninth Circuit September 21, 2001, Nos. 99-71038, 00-35238 and 00-35289 (Gallo-Alvarez v. Ashcroft)

THOMAS, Circuit Judge:

This consolidated case presents the question of whether 8 U.S.C. § 1231(a)(5) permits the Immigration and Naturalization Service (“INS”), to reinstate an order of deportation summarily pertaining to an alien who was granted voluntary departure in lieu of deportation.