LAW.coLAW.co

Ramon CERVANTES-GARIVAY, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2012-04-23No. No. 10-72692
472 F. App'x 736

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

MEMORANDUM

Ramon Cervantes-Garivay, a native and citizen of Mexico, petitions for review of the Department of Homeland Security’s order reinstating his 1999 removal order under 8 U.S.C. § 1231(a)(5). We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Garcia de Rincon v. Dep’t of Homeland Sec., 539 F.3d 1133, 1136 (9th Cir.2008), and we deny the petition for review.

Because Cervantes-Garivay has failed to demonstrate a gross miscarriage of justice in his prior removal proceedings, he may not collaterally attack his 1999 removal order in this petition for review. See id. at 1137-38 (a petitioner may not obtain collateral review of an underlying removal order unless he demonstrates “a gross miscarriage of justice” in the underlying proceedings).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.