Posso-Lopez

MEMORANDUM **

The court sua sponte grants petitioner in forma pauperis status for this petition.

In 1986, an immigration judge found petitioner Julio Everardo Posso-Lopez’s 1980 conviction of possession for sale of cocaine rendered him deportable pursuant to 8 U.S.C. § 1251 (a)(ll) (transferred to 8 U.S.C. § 1227 by Pub. L. 104-208, 110 Stat. 3009-598, § 305(a)(2) (Sept. 30, 1996)). Posso-Lopez petitions for review of the agency’s 2007 reinstatement of that 1986 order.

Posso-Lopez disputes that his 1980 drug conviction was a proper basis for a finding of removeability underlying the 1986 order. However, Congress has eliminated judicial review of an underlying removal order in a petition for review of the reinstatement of an order of deportation. 8 U.S.C. § 1231 (a)(5); Morales-Izquierdo v. Gonzales, 486 F.3d 484, 496 (9th Cir.2007) (en banc). Rather, the scope of a reinstatement inquiry involves only whether the alien (1) has illegally reentered (2) after having left the country while subject to any removal order. See id. at 491 . Because Posso-Lopez has admitted both of these critical facts, this case is appropriate for summary disposition. See United States v. Hooton, 693…