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

Espino v. Holder

Espino v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided January 20, 2010 · Beezer, Trott, Bybee
362 F. App'x 788

Espino v. Holder

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.

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