Daniel Palacios v. Jefferson Sessions, III , 707 F. App'x 833 ( 2018 )

Case: 16-60697 Document: 00514294993 Page: 1 Date Filed: 01/04/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 16-60697 January 4, 2018
Summary Calendar
Lyle W. Cayce
Clerk
DANIEL MORENO PALACIOS, also known as Javier Hernandez Dela Cruz,
Petitioner
v.
JEFFERSON B. SESSIONS, III, U. S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A205 909 023
Before REAVLEY, PRADO, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Daniel Moreno Palacios, a native and citizen of Mexico, challenges the
validity of a 2013 removal order in this petition for review. Palacios failed to
contest the 2013 order earlier in the proceedings. He did not respond to the
Notice of Intent to Issue a Final Administrative Removal Order or otherwise
attempt to rebut the charge that he was removable based on his prior
conviction for an aggravated felony, nor did he challenge the 2013 order by
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 16-60697 Document: 00514294993 Page: 2 Date Filed: 01/04/2018
No. 16-60697
filing a petition for review. See 8 C.F.R. § 238.1(c), 8 U.S.C. § 1252(a)(5). He
also reentered the United States illegally in violation of his deportation order.
This court lacks jurisdiction to consider the constitutional challenge to
the underlying removal order. See Martinez v. Johnson, 740 F.3d 1040, 1042-
43 (5th Cir. 2014). Palacios’s petition for review is DISMISSED for lack of
jurisdiction.
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