Maria Santana Santana v. Eric Holder, Jr.

MEMORANDUM

Petitioner-Appellant Maria De Lourdes Santana Santana (“Santana”) seeks review of the Immigration Judge’s (“IJ’s”) and the Board of Immigration Appeals’s (“BIA’s”) termination of her removal proceedings and the Department of Homeland Security’s (“DHS’s”) March 30, 2012 reinstatement of her 2004 expedited removal order. She alleges that both resulted in violations of her due process rights. We deny relief.

We review questions of law de novo, including questions pertaining to the violation of an alien’s due process rights and our own jurisdiction. Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir.2009); Luu-Le v. I.N.S., 224 F.3d 911, 914 (9th Cir.2000).

1.Pursuant to 8 U.S.C. § 1252 (a)(2)(D), this court does not have jurisdiction to review Santana’s due process claims arising out of the BIA’s decision affirming the termination of her formal removal proceedings. Although, § 1252 permits the court to review constitutional claims on a petition for review, “ ‘[t]he carefully crafted congressional scheme governing review of decisions of the BIA limits this court’s jurisdiction to the review of final orders of removal,’ ‘even where a constitutional claim or question of law…