Yoni Solis-Ramirez v. Loretta E. Lynch

MEMORANDUM

Yoni Solis-Ramirez petitions this court for review of the Board of Immigration Appeals’ (“BIA”) decisions not to reopen sua sponte or cancel his removal proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition. The parties are familiar with the facts, and we will not recite them here.

Solis-Ramirez contends that the BIA erred when it refused to reopen sua sponte or cancel his removal proceedings. It did not. Because Solis-Ramirez’s removal order was merely a reinstatement of a previous removal order, 8 U.S.C. § 1231 (a)(5) provides that “the prior order of removal is reinstated ... and is not subject to being reopened or reviewed.” Nonetheless, Solis-Ramirez urged the BIA to reopen or cancel the removal proceedings on the basis that the “prior order of removal” was a gross miscarriage of justice for two reasons: ineffective assistance of counsel and the reclassification of a crime that was one of the bases for the initial removal order.

The BIA is barred from reopening or reviewing a reinstated removal order unless its refusal to do so would result in a “gross miscarriage of justice.” Garcia de Rincon v. Dep’t of Homeland Sec., 539…