Adrian Herrera-Corral v. Eric H. Holder Jr.

MEMORANDUM

Herrera petitions for review of the denial of INA § 212(c) relief by the Board of Immigration Appeals. He argues that the immigration judge in Herrera’s 1983 deportation proceedings lacked jurisdiction to order him deported, that he is entitled to § 212(c) relief because he is still a lawful permanent resident and that his due process rights were violated when the immigration judge in the current proceedings held that he was not entitled to § 212(c) relief. We deny the petition for relief.

An alien can collaterally attack an earlier deportation at a subsequent deportation hearing only for gross miscarriage of justice. Ramirez-Juarez v. INS, 633 F.2d 174, 175-76 (9th Cir.1980). This court reviews questions of law de novo. Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000).

Herrera argues that his earlier deportation was a gross miscarriage of justice because the order to show cause was not properly filed and the immigration judge thus lacked jurisdiction to order him deported. The immigration judge had jurisdiction, however, as the order to show cause was filed before the court entered the deportation order. Herrera does not dispute that he was properly served and he…