Israel Cuevas-Alarcon v. Eric H. Holder, Jr. , 608 F. App'x 433 ( 2015 )

United States Court of Appeals
For the Eighth Circuit
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No. 14-2283
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Israel Cuevas-Alarcon
lllllllllllllllllllllPetitioner
v.
Loretta E. Lynch1
lllllllllllllllllllllRespondent
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Petition for Review of an Order of the
DHS Homeland Security
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Submitted: June 29, 2015
Filed: July 2, 2015
[Unpublished]
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Before WOLLMAN, LOKEN, and BENTON, Circuit Judges.
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PER CURIAM.
1
Loretta E. Lynch has been appointed to serve as Attorney General of the
United States, and is substituted as respondent pursuant to Federal Rule of Appellate
Procedure 43(c).
Israel Cuevas-Alarcon petitions for review of an order issued by the
Department of Homeland Security reinstating a prior removal order against him. For
reversal, Cuevas-Alarcon argues that the reinstatement violates due process because
the underlying removal order is legally deficient. This challenge is not properly
before us: the prior removal order “is not subject to being reopened or reviewed,” see
8 U.S.C. § 1231(a)(5), and Cuevas-Alarcon has not raised any colorable
constitutional or legal claim appropriate for appellate review, see Molina Jerez v.
Holder, 625 F.3d 1058, 1062, 1067-68 (8th Cir. 2010) (describing limited appellate
jurisdiction to review reinstatement order; mere recitation of constitutional or legal
terms is insufficient to invoke jurisdiction).
Accordingly, the petition is denied. See 8th Cir. R. 47B.
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