Jose Merida Rodas v. Eric Holder, Jr.

MEMORANDUM

1. Jose Luis Merida Rodas contends that the Department of Homeland Security (DHS) failed to follow its own internal regulations when it reinstated his removal order pursuant to 8 U.S.C. § 1231 (a)(5). We lack jurisdiction to review those claims. Villa-Anguiano v. Holder, 727 F.3d 873, 877-78 (9th Cir.2013).

2. Rodas contends that the DHS’s actions also violated his due process rights. We have jurisdiction to review those claims, id. at 877-78 & n. 3, but none of them have merit.

Rodas argues that the DHS’s failure to notify him of its intent to reinstate his removal order violated a fundamental due process right. The DHS committed no error on that score. The record shows that Rodas was properly served with a document giving him the required notice. He “refused to sign” to acknowledge receipt, but his refusal of service did not deprive him of notice.

His two remaining contentions fail as well. First, Rodas argues that the DHS violated its own internal regulations by failing to obtain a copy of the full version of his prior removal order. 8 C.F.R.. § 241.8(a)(1). Second, Rodas claims that the DHS violated its own regulations by not “immediately” referring Rodas to his…