Meza-Rivera

*774 MEMORANDUM ***

Melvin Afredy Meza-Rivera is a native and citizen of Honduras. In March 1993, he entered the United States without inspection. In August 1995, he was deported for a cocaine conviction. Meza-Rivera illegally reentered the United States in September 1995. In 1998, the Immigration and Naturalization Service (“INS”) again initiated deportation proceedings against Meza-Rivera.

The INS subsequently moved to terminate deportation proceedings against Meza-Rivera so that it could reinstate his prior deportation order pursuant to the Immigration and Nationality Act (“INA”) § 241(a)(5). Section 241(a)(5) permits the Attorney General to reinstate a prior deportation order against an alien who has been deported, and who then reenters illegally. The Attorney General can reinstate the prior deportation order without affording the alien a hearing of any sort. See Castro-Cortez v. INS, 239 F.3d 1037 (9th Cir.2001).

The Immigration Judge (“IJ”) granted the INS’s motion and ordered that the proceedings against Meza-Rivera be terminated. Meza-Rivera filed an untimely appeal with the Board of Immigration Appeals (“BIA”), which the BIA refused to consider. Meza-Rivera now…