Oscar Herrada-Ramos v. Eric Holder, Jr. , 556 F. App'x 594 ( 2014 )

FILED
NOT FOR PUBLICATION FEB 24 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
OSCAR GERARDO HERRADA- No. 12-73685
RAMOS,
Agency No. A072-862-835
Petitioner,
v. MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Department of Homeland Security
Submitted February 18, 2014**
Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.
Oscar Gerardo Herrada-Ramos, a native and citizen of Mexico petitions pro
se for review of the Department of Homeland Security’s reinstatement of his 1993
order of deportation. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss
the petition for review.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
We lack jurisdiction to review Herrada-Ramos’ challenge to the
reinstatement of his 1993 deportation order because he does not dispute the factual
predicates for reinstatement, see Garcia de Rincon v. Dep’t. of Homeland Sec., 539
F.3d 1133, 1137 (9th Cir. 2008) (listing the three determinations underlying a
reinstatement order that may be reviewed), nor does he allege a gross miscarriage
of justice in the underlying 1993 deportation proceedings, see id. at 1138 (while a
petitioner is generally prevented from collaterally attacking an underlying
deportation order on constitutional or legal grounds, 8 U.S.C. § 1252(a)(2)(D)
permits some measure of review if he can demonstrate a “gross miscarriage of
justice” in the underlying proceedings).
PETITION FOR REVIEW DISMISSED.
2 12-73685