Cirilo Ramirez Rodaz v. Loretta E. Lynch

Good Law
656 F. App'x 860
United States Court of Appeals for the Ninth CircuitAugust 2, 201615-70441California437 words

Opinion

Opinion

MEMORANDUM

Cirilo Ramirez Rodaz, a native and citizen of Guatemala, petitions pro se for review of the Department of Homeland Security’s (“DHS”) February 6, 2015, order reinstating his 2010 expedited removal order. Our jurisdiction is governed by 8 U.S.C. §§ 1252 and 1231. Our review is “limited to confirming the agency’s compliance with the reinstatement regulations.” Garcia de Rincon v. DHS, 539 F.3d 1133, 1137 (9th Cir. 2008). We deny in part and dismiss in part the petition for review.

The DHS did not err in issuing Ramirez Rodaz’s reinstatement order, where Ramirez Rodaz does not contest that he is an alien, he is the subject of a prior expedited order of removal in 2010, and he illegally reentered subsequent to that order. See id. (the court’s review is limited to the “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 illegally after having been removed or having departed voluntarily,…

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