U.S. Court of Appeals for the Ninth Circuit, 2014

Oscar Herrada-Ramos v. Eric Holder, Jr.

Oscar Herrada-Ramos v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided February 24, 2014 · Alarcon, Fernandez, O'Scannlain
556 F. App'x 594

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.

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