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Hernandez v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 2, 2017
No. 14-71200 (9th Cir. Oct. 2, 2017)

Opinion

No. 14-71200

10-02-2017

ELMER STEVE FUENTES HERNANDEZ, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A206-421-638 MEMORANDUM On Petition for Review of an Immigration Judge's Decision Before: SILVERMAN, TALLMAN, and N. R. SMITH, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Elmer Steve Fuentes Hernandez, a native and citizen of Honduras, petitions for review of an immigration judge's ("IJ") order affirming the decision of an asylum officer during expedited removal proceedings. We dismiss the petition for review.

We lack jurisdiction to review the IJ's order because it was issued pursuant to 8 U.S.C. § 1225(b)(1) and none of the exceptions to the restriction on judicial review of expedited removal orders apply. See 8 U.S.C. § 1252(a)(2)(A)(iii) ("no court shall have jurisdiction to review" determinations made under 8 U.S.C. § 1225(b)(1)(B)); Pena v. Lynch, 815 F.3d 452, 455-56 (9th Cir. 2016) (concluding this court generally lacks jurisdiction to review removal orders issued pursuant to 8 U.S.C. § 1225(b)(1) and describing the limited exceptions).

PETITION FOR REVIEW DISMISSED.


Summaries of

Hernandez v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 2, 2017
No. 14-71200 (9th Cir. Oct. 2, 2017)
Case details for

Hernandez v. Sessions

Case Details

Full title:ELMER STEVE FUENTES HERNANDEZ, Petitioner, v. JEFFERSON B. SESSIONS III…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 2, 2017

Citations

No. 14-71200 (9th Cir. Oct. 2, 2017)