Ramon Diaz-Cortez v. Eric H. Holder Jr. , 444 F. App'x 983 ( 2011 )

FILED
NOT FOR PUBLICATION JUL 25 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RAMON DIAZ-CORTEZ, No. 08-71549
Petitioner, Agency No. A079-279-456
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Ramon Diaz-Cortez, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision pretermitting his application for cancellation of
removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo
*
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).
questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008), and we
deny the petition for review.
Because Diaz-Cortez failed to demonstrate a gross miscarriage of justice at
his prior proceedings, he may not collaterally attack his 2004 removal order. See
Ramirez-Juarez v. INS, 633 F.2d 174, 175-76 (9th Cir. 1980) (per curiam) (“This
court has consistently held that an alien cannot collaterally attack an earlier
exclusion or deportation at a subsequent deportation hearing, in the absence of a
gross miscarriage of justice at the prior proceedings.”).
PETITION FOR REVIEW DENIED.
2 08-71549