Edgar Roberto Quix v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
EDGAR ROBERTO QUIX,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 15-70303
Agency No. A092-196-432
MEMORANDUM*
On Petition for Review of an Order of the
Department of Homeland Security
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Edgar Roberto Quix, a native and citizen of Guatemala, petitions for review
of the Department of Homeland Security’s (“DHS”) January 23, 2015, order
reinstating his 2011 order of removal. We have jurisdiction under 8 U.S.C. § 1252.
Our review is “limited to confirming the agency’s compliance with the
FILED
AUG 03 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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reinstatement regulations.” Garcia de Rincon v. DHS, 539 F.3d 1133, 1137 (9th
Cir. 2008). The underlying reinstated removal order may only be reviewed for a
“gross miscarriage of justice.” Id. at 1138. We deny the petition for review.
Quix does not dispute the factual predicates for reinstatement. See id. at
1137 (listing the three determinations underlying a reinstatement order that may be
reviewed). Quix has not established a gross miscarriage of justice in his
underlying removal proceedings based on his transfer to detention in another state
or his prior attorney’s alleged failure to challenge the transfer as a due process
violation. See id. at 1138.
PETITION FOR REVIEW DENIED.
15-70303 2

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