Hernandez

MEMORANDUM **

Alejandro Hernandez, a native and citizen of Mexico, petitions for review of the Department of Homeland Security’s order reinstating his 1997 expedited removal order under 8 U.S.C. § 1231 (a)(5). We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition for review.

Hernandez’s contention that the reinstatement regulation violates due process because it does not provide for reliable, published procedures is foreclosed by Morales-Izquierdo v. Gonzales, 486 F.3d 484, 495-96 (9th Cir.2007) (en banc) (regulation implementing the reinstatement statute is a valid interpretation of the Immigration and Nationality Act and does not offend due process). Hernandez’s contention that he was improperly deprived of counsel is also foreclosed. Id. at 497 (no right to counsel in reinstatement proceedings).

Contrary to Hernandez’s contention, the immigration officer did not err when he verified Hernandez’s illegal re-entry using Hernandez’s sworn statements. See 8 C.F.R. § 241.8 (a)(3) (when determining illegal re-entry, “the officer shall consider all relevant evidence, including statements made by the alien and any evidence in the alien’s possession”). Hernandez…