Opinion
No. 10-72692 Agency No. A092-375-713
04-23-2012
RAMON CERVANTES-GARIVAY, 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NOT FOR PUBLICATION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: LEAVY, PAEZ, and BEA, Circuit Judges.
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.