Melecio Perez v. Eric H. Holder Jr.

FILED NOT FOR PUBLICATION JUN 02 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

MELECIO PEREZ, a.k.a. Manuel Rivera No. 08-73980 Espinoza, Agency No. A076-662-324 Petitioner, v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent.

On Petition for Review of an Order of the Department of Homeland Security Submitted May 25, 2010 ** Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.

Melecio Perez, a native and citizen of Mexico, petitions for review of the Department of Homeland Security’s order reinstating his 1997 expedited removal order under 8 U.S.C. § 1231(a)(5). We dismiss the petition for review.

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

We lack jurisdiction to consider Perez’s collateral challenge to his prior expedited removal order. Garcia de Rincon v. Dep’t of Homeland Sec., 539 F.3d 1133, 1139 (9th Cir. 2008); see also 8 U.S.C. § 1252(e) (judicial review of expedited removal orders available only in habeas corpus proceedings).

PETITION FOR REVIEW DISMISSED.

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