Mario Moreno-Toscano v. Loretta E. Lynch

MEMORANDUM

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS

Mario Moreno-Toscano, a native and citizen of Mexico, petitions for review of the Department of Homeland Security’s (“DHS”) June 14, 2013, order reinstating his 1997 order of removal. We have jurisdiction under 8 U.S.C. § 1252 . Our review is “limited to confirming the agency’s compliance with the reinstatement regulations.” Garda de Rincon v. DHS, 539 F.3d 1133, 1137 (9th Cir.2008). We deny the petition for review.

The DHS did not err in issuing Moreno-Toscano’s reinstatement order, where the record shows, and Moreno-Toscano admitted in a sworn statement to a DHS officer, that he was an alien, he was subject to a prior order of removal in 1997, and he illegally reentered subsequent to that order. See Garcia de Rincon, 539 F.3d at 1137 (our jurisdiction is limited to reviewing “three discrete inquiries an immigration officer must make in order to reinstate a removal order: (1) whether the petitioner is an alien; (2) whether the petitioner was subject to a prior removal order, and (3) whether the petitioner reentered illegally”); 8 U.S.C. § 1231 (a)(5) (if the DHS “finds that an alien has reentered the United States…