U.S. Court of Appeals for the Ninth Circuit, 2011

Sergio Arreola-Arreola v. Eric Holder, Jr.

Sergio Arreola-Arreola v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided December 23, 2011 · Trott, Bea, George
463 F. App'x 675

Sergio Arreola-Arreola v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Sergio Alfonso Arreola-Arreola (“Arreo-la”) petitions for review of the Board of Immigration Appeals’ order affirming the reinstatement of a prior order of removal from the United States. We have jurisdiction to review Arreola’s challenge to the reinstatement order .under 8 U.S.C. § 1252(a). In exercising that jurisdiction, we are not precluded by 8 U.S.C. § 1231(a)(5) from reviewing a collateral constitutional attack on the prior order of removal underlying the reinstatement order. 8 U.S.C. § 1252(a)(2)(D).

Arreola’s alleged deprivation of due process in his underlying removal proceedings cannot support his claim before this court: that his due process rights were violated by the reinstatement of that prior order. The “[rjeinstatement of a prior removal order — regardless of the process afforded *676 in the underlying order — does not offend due process because reinstatement of a prior order does not change the alien’s rights or remedies.” Morales-Izquierdo v. Gonzales, 486 F.3d 484, 497 (9th Cir. 2007) (en banc).

AFFIRMED.

**

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

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