Oscar Herrada-Ramos v. Eric Holder, Jr.
Oscar Herrada-Ramos v. Eric Holder, Jr.
Opinion
MEMORANDUM **
Oscar Gerardo Herrada-Ramos, a native and citizen of Mexico petitions pro se for review of the Department of Homeland Security’s reinstatement of his 1993 order of deportation. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review.
We lack jurisdiction to review Herrada-Ramos’ challenge to the reinstatement of his 1993 deportation order because he does *595 not dispute the factual predicates for reinstatement, see Garcia de Rincon v. Dep’t. of Homeland Sec., 589 F.3d 1183, 1137 (9th Cir. 2008) (listing the three determinations underlying a reinstatement order that may be reviewed), nor does he allege a gross miscarriage of justice in the underlying 1993 deportation proceedings, see id. at 1138 (while a petitioner is generally prevented from collaterally attacking an underlying deportation order on constitutional or legal grounds, 8 U.S.C. § 1252(a)(2)(D) permits some measure of review if he can demonstrate a “gross miscarriage of justice” in the underlying proceedings).
PETITION FOR REVIEW DISMISSED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Oscar Gerardo HERRADA-RAMOS, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
- Status
- Unpublished