Hurtado-Martinez

MEMORANDUM **

Juan Hurtado-Martinez, a native and citizen of Mexico, petitions for review of an order of the former Immigration and Naturalization Service (INS) reinstating under 8 U.S.C. § 1231 (a)(5) a 1998 INS order of expedited removal. We have jurisdiction under 8 U.S.C. § 1252 (a)(2)(D) and we dismiss in part and deny in part the petition for review.

Under the reinstatement statute, 8 U.S.C. § 1231 (a)(5), we lack jurisdiction to consider Hurtado-Martinez’s collateral challenge to his prior expedited removal order. See Padilla v. Ashcroft, 334 F.3d 921, 924 (9th Cir.2003).

The regulation implementing the reinstatement statute, which provides for reinstatement of a prior removal order without a hearing before an immigration judge, “is a valid interpretation of the INA,” and “does not offend due process.” Morales-Izquierdo v. Gonzales, 486 F.3d 484, 495, 496 (9th Cir.2007) (en banc) Moreover, “[r]einstatement of a prior removal order — regardless of the process afforded in the underlying order — does not offend due process because reinstatement of a prior order does not change the alien’s rights or remedies.” Id. at 497 . Thus, Hurtado-Martinez’s challenges to the…