expedited removal

Understanding Expedited Removal: A Ninth Circuit Ruling Analysis

In a recent ruling that has significant implications for immigration law and policy, the Ninth Circuit Court of Appeals upheld the swift deportation of José Gambino-Ruiz, a Mexican citizen who unlawfully entered the U.S. on multiple occasions. This decision underscores the broad discretionary powers granted to the U.S. Attorney General under federal immigration law, particularly concerning expedited removal procedures.

José Gambino-Ruiz's legal odyssey began with his illegal entry into the United States through Arizona in 2013. Shortly after crossing the border, he was apprehended by border patrol agents and admitted to not having legal permission to enter the U.S. Consequently, the Department of Homeland Security issued an expedited removal order, and Gambino-Ruiz was deported to Mexico. Despite this, he made subsequent attempts to re-enter the U.S., each resulting in apprehension and expedited removal.

The crux of Gambino-Ruiz's appeal to the Ninth Circuit was his contention that he could not be deemed inadmissible for expedited removal purposes since he never formally applied for admission to the U.S. However, the Ninth Circuit, through U.S. Circuit Judge Jay S. Bybee, rejected this argument. The court held that Gambino-Ruiz, by unlawfully crossing the border, became the "functional equivalent" of an arriving noncitizen and, therefore, an applicant for admission under the law.

This ruling is pivotal for several reasons. First, it reaffirms the principle that the lack of a formal application for entry does not exempt an individual from being subject to the U.S.'s immigration laws, including expedited removal procedures. This interpretation aligns with the broader objectives of U.S. immigration policy to control and regulate entry into the country, ensuring that those who enter do so legally and with proper documentation.

Second, the decision emphasizes the discretionary power of the Attorney General in designating individuals for expedited removal. This discretionary power is a critical component of the U.S. immigration enforcement strategy, enabling swift action to be taken against individuals who unlawfully enter the country.

Furthermore, the Ninth Circuit's decision addresses the complex legal landscape surrounding the concept of inadmissibility. By referencing the 2020 en banc decision in Torres v. Barr, the court delineated the boundaries of inadmissibility, clarifying that it applies to noncitizens who, by their actions, are deemed to have applied for admission at a port of entry, regardless of a formal application.

The case also touched on sentencing issues, with Gambino-Ruiz challenging the district court's refusal to grant him a downward sentencing adjustment based on his acceptance of responsibility. The Ninth Circuit's response to this challenge highlights the nuanced considerations involved in sentencing decisions, particularly in the context of immigration violations.

For immigration attorneys and their clients, this ruling offers critical insights into the expedited removal process and the legal principles governing inadmissibility. It serves as a stark reminder of the consequences of unlawful entry into the United States and the importance of navigating the immigration system with a clear understanding of its rules and procedures.

In conclusion, the Ninth Circuit's decision in the case of José Gambino-Ruiz is a significant addition to the body of U.S. immigration law. It reaffirms the federal government's authority to enforce immigration laws through expedited removal and provides valuable guidance for legal practitioners and individuals navigating the U.S. immigration system.


Rae Ann Varona, "9th Circ. Backs Swift Removal Even Without Entry Application," Law360, January 25, 2024.

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