Juan Gonzalez Sabino v. Loretta E. Lynch

MEMORANDUM

Juan Carlos Gonzalez Sabino, a native and citizen of Mexico, petitions for review of the Department of Homeland Security’s (“DHS”) May 14, 2013, order reinstating his December 14, 2012, expedited removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . 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 reinstating Gonzalez Sabino’s expedited removal order, where the record demonstrates that Gonzalez Sabino is an alien, he was subject to a prior expedited removal order in 2012, and he illegally reentered subsequent to that order. See id. (the court’s jurisdiction is limited to reviewing 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 re-entered 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…