U.S. Court of Appeals for the Ninth Circuit, 2010

Espino v. Holder

U.S. Court of Appeals for the Ninth Circuit · Decided January 20, 2010 · Beezer, Trott, Bybee

362 F. App'x 788

Counsel

Elsa Ines Martinez, Esquire, Law Offices of Elsa Martinez, PLC, Los Angeles, CA, for Petitioner., Regan Hildebrand, John Hogan, Senior Litigation Counsel, Jennifer L. Lightbody, Esquire, Mary Jane Candaux, Assistant Director, United States Department of Justice, Washington, DC, Ronald E. Le-fevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Opinion

MEMORANDUM **

Rafael Espino, a native and citizen of Mexico, petitions for review of the Department of Homeland Security’s order reinstating his 1993 in absentia deportation order under 8 U.S.C. § 1231(a)(5). We have jurisdiction under 8 U.S.C. § 1252, and we deny the petition for review.

Espino’s collateral attack on his 1993 deportation order is foreclosed by Morales-Izquierdo v. Gonzales, 486 F.3d 484, 495-96 (9th Cir. 2007) (en banc) (“the reinstatement statute specifically precludes [petitioner] from seeking to reopen the previous removal order based on defective service or any other grounds.”)

Espino’s remaining contentions lack merit.

PETITION FOR REVIEW DENIED.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.