Luis Platas-Hernandez v. Loretta E. Lynch

dissenting:

In 1997, Luis Enrique Platas-Hernan-dez came to the United States to escape gang violence in Mexico. He was 22 years old. He has lived in the United States for the past 18 years. He has built a life here. He enrolled in English classes, where he met Mercy, his partner and the mother of their two United States citizen sons, Luis (age 9) and Oswaldo (age 5). He' works two jobs to support his family. Platas-Hernandez is an active and well-liked member of his community, a respected employee, and an excellent parent.

In December 1999, Platas-Hernandez traveled to Mexico to care for his ailing father. In October 2000, while returning to the United States, he was detained at the border and removed under an expedited removal process. That process did not provide for a hearing. Three days after being removed, Platas-Hernandez returned to the United States.

In January 2011, Immigration and Customs Enforcement took Platas-Hernandez into custody after he was arrested for driving under the influence. Platas-Hernan-dez applied for cancellation of removal under INA § 240A(b)(l) based on his ten years of continuous residency in the United States and hardship to his two United…

MEMORANDUM **

Luis Enrique Platas-Hernandez petitions for review of a Board of Immigration Appeals (BIA) decision affirming the immigration judge’s (IJ) denial of his motion to reconsider the termination of his removal proceedings to allow reinstatement of a prior expedited removal order. Because this decision was not a final order, we lack jurisdiction over his petition. See 8 U.S.C. § 1252 (b)(9); Galindo-Romero v. Holder, 640 F.3d 873, 877 (9th Cir.2011).

We do have jurisdiction over the Department of Homeland Security’s reinstatement of Platas-Hérnandez’s prior expedited removal order, which was effectuated on November 2, 2012. 8 U.S.C. § 1252 (a)(1); Ixcot v. Holder, 646 F.3d 1202, 1206 (9th Cir.2011) (“We have jurisdiction to review final agency orders of removal, including reinstatement orders .... ”). Though it is unclear if Platas-Hernandez squarely challenges this final order, construing his petition to do so, we reject his claims on the merits. See United States v. Ullah, 976 F.2d 509, 514 (9th Cir.1992) (citation omitted) (noting that we may review an issue not “specifically and distinctly argued” in an opening brief when it does not prejudice the opposing party).…

FILED

NOT FOR PUBLICATION MAY 27 2015

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

LUIS ENRIQUE PLATAS- No. 12-73590 HERNANDEZ, AKA Mario Flores Nava, Agency No. A078-749-256 Petitioner,

v. MEMORANDUM*

LORETTA E. LYNCH, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted November 21, 2014** Pasadena, California

Before: SCHROEDER, PREGERSON, and NGUYEN, Circuit Judges.

Luis Enrique Platas-Hernandez petitions for review of a Board of

Immigration Appeals (BIA) decision affirming the immigration judge’s (IJ) denial

of his motion to reconsider the termination of his removal proceedings to allow

* 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). reinstatement of a prior expedited removal order. Because this decision was not a

final order, we lack…