Rojas-Marquez v. Gonzales

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
October 24, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-60049
Summary Calendar
MARIA ROJAS-MARQUEZ, also known as Maria N. Belmontes,
Petitioner,
versus
ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A76 445 045
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Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Petitioner Maria Rojas-Marquez (Rojas) petitions this court
to review the January 3, 2006, order entered by the Department of
Justice reinstating her prior order of removal. Rojas argues
that the reinstatement provisions of 8 U.S.C. § 1231(a)(5) are
impermissibly retroactive to aliens who were deported and
reentered the United States prior to the statute’s effective date
of April 1, 1997.
This court has rejected Rojas’s argument in Ojeda-Terrazas
v. Ashcroft, 290 F.3d 292, 299-302 (5th Cir. 2002).

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No. 06-60049
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Additionally, the United States Supreme Court held in Fernandez-
Vargas v. Gonzales, 126 S. Ct. 2422, 2425 (2006), that
§ 1231(a)(5) “applies tho those who entered before IIRIRA and
does not retroactively affect any right of, or impose any burden
on” the alien. Rojas’s argument is without merit.
Accordingly, her petition for review is DENIED. Rojas’s
request that we reconsider our prior denial of her motion for a
stay of deportation is DENIED.

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