Rafael Espino 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).
RB/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RAFAEL ESPINO,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-74757
Agency No. A029-225-406
MEMORANDUM *
On Petition for Review of an Order of the
Department of Homeland Security
Submitted January 11, 2010**
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Rafael Espino, a native and citizen of Mexico, petitions for review of the
Department of Homeland Security’s order reinstating his 1993 in absentia
FILED
JAN 20 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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RB/Research 06-74757 2
deportation order under 8 U.S.C. § 1231(a)(5). We have jurisdiction under 8
U.S.C. § 1252, and we deny the petition for review.
Espino’s collateral attack on his 1993 deportation order is foreclosed by
Morales-Izquierdo v. Gonzales, 486 F.3d 484, 495-96 (9th Cir. 2007) (en banc)
(“the reinstatement statute specifically precludes [petitioner] from seeking to
reopen the previous removal order based on defective service or any other
grounds.”)
Espino’s remaining contentions lack merit.
PETITION FOR REVIEW DENIED.

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