Pedro Tamayo-Tamayo v. Eric H. Holder Jr.

Good Law
709 F.3d 795·2013 WL 718455·2013 U.S. App. LEXIS 4175
United States Court of Appeals for the Ninth CircuitFebruary 28, 201308-74005California1,384 words

Opinion

Opinion

Graber, J.

Petitioner Pedro Tamayo-Tamayo petitions for review of the government’s reinstatement of a prior order of removal, following his illegal reentry into the United States after having been removed. Reviewing de novo, Garcia de Rincon v. Dep’t of Homeland Sec., 539 F.3d 1133, 1136 (9th Cir.2008), we reject Petitioner’s legal challenges to the reinstatement order. Accordingly, we deny the petition.

FACTUAL AND PROCEDURAL HISTORY

Petitioner was born in Mexico. He entered the United States in 1973. In 1989, the government ordered Petitioner removed to Mexico and removed him that same day.

Petitioner reentered the United States, without permission. For unknown reasons, the government chose to seek a new order of removal instead of reinstating the 1989 order of removal. In 1993, the government again ordered Petitioner removed to Mexico and removed him the next day.

Petitioner reentered the United States without legal authorization yet again. According to Petitioner, he entered at a border crossing by presenting his pre-1989 permanent resident card to the border official. The border official allowed Petitioner physically to enter the country.

Thereafter Petitioner filed an…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.