Lopez-Velasquez

Lopez-Velasquez v. Mukasey

Good Law
308 F. App'x 236
United States Court of Appeals for the Ninth CircuitJanuary 15, 2009Nos. 07-73465, 07-74854California1,147 words

Opinion

Lead Opinion

MEMORANDUM *

In this consolidated appeal, Edmundo Lopez-Velasquez petitions for review of (1) Immigration and Customs Enforcement’s (“ICE”) reinstatement of his 1994 deportation order and (2) the Bureau of Immigration Appeals’ (“BIA”) denial of his motion to reopen the 1994 deportation proceeding. We have jurisdiction and deny both petitions for review.

Because the parties are familiar with the factual and procedural history of the case, we do not repeat it here.

We review de novo questions of jurisdiction. San doval-Luna v. Mukasey, 526 F.3d 1243, 1245 (9th Cir.2008). We also review de novo due process claims and questions of law raised in immigration proceedings. Garcia de Rincon v. Dep’t of Homeland Sec., 539 F.3d 1133, 1136 (9th Cir.2008).

*238 I

Lopez-Velasquez argues that ICE erred by reinstating the 1994 deportation order while his motion to reopen the 1994 deportation proceeding was pending. Lopez-Velasquez’s reliance on Perez-Gonzalez v. Ashcroft, 379 F.3d 783, 787-88 (9th Cir.2004), for the general proposition that reinstatement must be postponed until the adjudication of affirmative applications for relief is misplaced. Perez-Gonzalez did not establish such a time…

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