Ramon Cervantes-Garivay 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NOT FOR PUBLICATION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
RAMON CERVANTES-GARIVAY,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-72692
Agency No. A092-375-713
MEMORANDUM*
On Petition for Review of an Order
of the Department of Homeland Security
Submitted April 17, 2012**
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
FILED
APR 23 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-72692 2
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.

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