Opinion
No. 09-71830 Agency No. A011-434-117
12-23-2011
SERGIO ALFONSO ARREOLA-ARREOLA, 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NOT FOR PUBLICATION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
Board of Immigration Appeals
Argued and Submitted December 8, 2011
San Francisco, California
Before: TROTT and BEA, Circuit Judges, and GEORGE, Senior District Judge.
The Honorable Lloyd D. George, Senior District Judge for the U.S. District Court for Nevada, sitting by designation.
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Sergio Alfonso Arreola-Arreola ("Arreola") 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 "[r]einstatement of a prior removal order-regardless of the process afforded 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.