U.S. Court of Appeals for the Ninth Circuit, 2012

Ramon Cervantes-Garivay v. Eric Holder, Jr.

Ramon Cervantes-Garivay v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided April 23, 2012 · Leavy, Paez, Bea
472 F. App'x 736

Ramon Cervantes-Garivay v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Ramon Cervantes-Garivay, a native and citizen of Mexico, petitions for review of the Department of Homeland Security’s order reinstating his 1999 removal order under 8 U.S.C. § 1231(a)(5). We have jurisdiction under 8 U.S.C. § 1252. We review de novo 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 Cervantes-Garivay has failed to demonstrate a gross miscarriage of justice in his prior removal proceedings, he may not collaterally attack his 1999 removal order in this petition for review. See id. at 1137-38 (a petitioner may not obtain collateral review of an underlying removal order unless he demonstrates “a gross miscarriage of justice” in the underlying 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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