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

Coleman v. Holder

Coleman v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided February 26, 2010 · Fernandez, Gould, Smith
367 F. App'x 860

Coleman v. Holder

Opinion

MEMORANDUM **

Paul T. Coleman, a native and citizen of Belize, petitions for review of the Depart *861 ment of Homeland Security’s order reinstating his 1994 deportation order under 8 U.S.C. § 1231(a)(5). We have jurisdiction under 8 U.S.C. § 1252. We review de novo due process claims and 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 Coleman failed to demonstrate a gross miscarriage of justice in his initial deportation proceeding, he may not at this point collaterally attack his 1994 deportation order. See id. at 1137-38 (while a petitioner is generally prevented from collaterally attacking an underlying removal order on constitutional due process grounds, 8 U.S.C. § 1252(a)(2)(D) permits some measure of review if the petitioner can demonstrate a “gross miscarriage of justice” in the prior 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.

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