Opinion
No. 10-73843 Agency No. A078-248-526
01-16-2013
MARIA LETICIA DIAZ DE SARABIA, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the
Department of Homeland Security
Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges.
Maria Leticia Diaz De Sarabia petitions for review of an order of the Department of Homeland Security reinstating an April 10, 2000, expedited order of removal against a Leticia Diaz Corral. We have jurisdiction under 8 U.S.C. § 1252 to review the agency's compliance with the reinstatement regulations. We review de novo questions of law and due process claims. Garcia de Rincon v. Dept. of Homeland Sec., 539 F.3d 1133, 1136-37 (9th Cir. 2008). We grant the petition for review, and remand.
Contrary to respondent's contentions, the reinstatement order is invalid because the record does not establish that the immigration officer complied with the requirements for verification of identity in disputed cases. See 8 C.F.R. § 241.8(a)(2).
PETITION FOR REVIEW GRANTED; ORDER VACATED; REMANDED.