Jaime Rodriguez Castillo v. ERIC H. HOLDER, Jr., Attorney General

11-71895Court of Appeals for the Ninth Circuit28 dic 2012

Testo completo

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NOT FOR PUBLICATION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
JAIME RODRIGUEZ CASTILLO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-71895
Agency No. A076-689-256
MEMORANDUM*
On Petition for Review of an Order of the
Department of Homeland Security
Submitted December 19, 2012**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Jaime Rodriguez Castillo, a native and citizen of Mexico, petitions for
review of the Department of Homeland Security’s order reinstating his 1998
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
DEC 28 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-71895 2
Homeland Sec., 539 F.3d 1133, 1136 (9th Cir. 2008), and we deny the petition for
review.
Rodriguez Castillo’s challenge to the reinstatement of his 1998 removal
order fails because he has not established “a gross miscarriage of justice.” 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 initial removal
proceedings).
PETITION FOR REVIEW DENIED.

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