Miguel Lopez Luvian v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MIGUEL ANGEL LOPEZ LUVIAN, No. 18-73286 Petitioner, Agency No. v. A089-389-099

MERRICK B. GARLAND, Attorney General, OPINION Respondent.

On Petition for Review of an Order of the Department of Homeland Security

Argued and Submitted June 24, 2022 Pasadena, California

Filed July 19, 2022

Before: Kenneth K. Lee and Daniel A. Bress, Circuit Judges, and Sidney A. Fitzwater, * District Judge.

Opinion by Judge Bress

* The Honorable Sidney A. Fitzwater, United States District Judge for the Northern District of Texas, sitting by designation. SUMMARY **

Immigration

Dismissing for lack of jurisdiction Miguel Lopez Luvian’s petition for review of an order of the Department of Homeland Security (DHS) reinstating his prior removal order, the panel held that an immigration petitioner who is subject to a reinstated order of removal may not challenge an earlier decision terminating separate removal proceedings.

Lopez was ordered excluded in 1996 and then unlawfully reentered the United States. In…