Juan Banuelos v. Eric Holder, Jr.

MEMORANDUM

Juan Casas-Banuelos seeks review of his remoyal from the United States. We' dismiss the petition for want of jurisdiction.

Mr. Banuelos does not ask us to review the underlying 1992 deportation order, which in any case, we lack jurisdiction to review because an appeal was not timely filed. See Lee v. INS, 685 F.2d 343, 343-44 (9th Cir.1982) (per curiam) (dismissing for lack of jurisdiction because petition was untimely filed).

Petitioner seeks review of the “wrongful reinstatement” of the 1992 deportation order. Petitioner is correct that we have limited jurisdiction over reinstatement of deportation orders. See Garcia de Rincon v. Dep’t of Homeland Sec., 539 F.3d 1133, 1137-38 (9th Cir.2008). But we do not have a reinstatement of deportation order here. The government is enforcing the 1992 deportation order for the first time because Banuelos never left the country after the 1992 order was issued.

The government concedes that it incorrectly filled out the 1-294 warning letter it gave Mr. Banuelos, making it appear that he was found “to have reentered the United States illegally.” The faulty form, however, does not change the legal status of Mr. Banuelos’s removal,…