Padilla-Ramirez v. Bible, 2018 U.S. App. LEXIS 3602 (9th Cir. Feb. 15, 2018):
As a general rule, "we decline to create a circuit split unless there is a compelling reason to do so." Kelton Arms Condo. Owners Ass'n, Inc. v. Homestead Ins. Co., 346 F.3d 1190, 1192 (9th Cir. 2003). This is especially true where the rules at issue "are best applied uniformly." Id. The Immigration and Nationality Act, a comprehensive federal scheme that requires a nationally unified administration program, certainly falls into [*24] this category. While this consideration ordinarily would counsel in favor of adopting the Second Circuit's resolution of the issue before us, we believe that the legislative intent on this point is in clear opposition to that resolution. By its terms, section 1231(a)(5) inoculates the prior removal orders underlying reinstatement orders against any challenge, and withholding-only proceedings do not override that proscription. Our own decisions in Ortiz-Alfaro and Ayala, which addressed finality for judicial-review purposes and turned principally on avoiding a construction that would severely inhibit or eliminate that review, are not controlling in the detention context. Nor are we persuaded by the Second Circuit's analysis in reaching the opposite conclusion in Guerra. So even though it may create discord in our immigration system, we must give effect to Congress's purpose as we understand it. The judgment of the district court is affirmed. If uniformity is required, we are content to leave it to the Supreme Court to harmonize the resulting split of authority.
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