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Edgar Roberto QUIX, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2016-08-03No. No. 15-70303
667 F. App'x 952

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Opinion

majority opinion

MEMORANDUM

Edgar Roberto Quix, a native and citizen of Guatemala, petitions for review of the Department of Homeland Security’s (“DHS”) January 23, 2015, order reinstating his 2011 order of removal. We have jurisdiction under 8 U.S.C. § 1252. Our review is “limited to confirming the agency’s compliance with the reinstatement regulations.” Garcia de Rincon v. DHS, 539 F.3d 1133, 1137 (9th Cir. 2008). The underlying reinstated removal order may only be reviewed for a “gross miscarriage of justice.” Id. at 1138. We deny the petition for review.

Quix does not dispute the factual predicates for reinstatement. See id. at 1137 (listing the three determinations underlying a reinstatement order that may be reviewed). Quix has not established a gross miscarriage of justice in his underlying removal proceedings based on his transfer to detention in another state or his prior attorney’s alleged failure to challenge the transfer as a due process violation. See id. at 1138.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided byl Ninth Circuit Rule 36-3.