Maria Leticia Diaz De Sarabia v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARIA LETICIA DIAZ DE SARABIA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-73843
Agency No. A078-248-526
MEMORANDUM*
On Petition for Review of an Order of the
Department of Homeland Security
Submitted January 15, 2013**
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
FILED
JAN 16 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-73843 2
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.

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