Court of Appeals for the Ninth Circuit August 13, 2004, 02-73294 (Gregorio Perez-Gonzalez v. John Ashcroft, Attorney General)

D.W. NELSON, Senior Circuit Judge:

Gregorio Perez-Gonzalez petitions for review of the reinstatement of his prior deportation order by the Immigration and Naturalization Service (“INS”).

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He challenges the INS’s interpretation of the Immigration and Nationality Act (“INA”) § 241(a)(5), 8 U.S.C. § 1231(a)(5) (“the reinstatement provision”), on both statutory and constitutional grounds.