Lemos v. Holder, No. 11-2721 (7th Cir. 2012)
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Tapia entered the U.S. illegally in 1992. He was removed to Mexico in 1997 following conviction for a hit-and-run accident. Tapia did not seek review, but reentered illegally and was again removed. He reentered again and DHS reinstated the 1997 removal order in 2010. Tapia contended that the 1997 order was invalid because he did not receive proper notice of his right to counsel and because his convictions did not meet the statutory definition of aggravated felonies. The Seventh Circuit rejected the claims as untimely and held that it lacked jurisdiction to review the agency’s decision to execute a removal order. Tapia filed a motion to reopen, which was rejected, and the Seventh Circuit dismissed for lack of jurisdiction. Changing the caption on the document from “motion for stay” to “motion to reopen” does not create a right of judicial review. The only thing that a court of appeals could review would be the original removal order and that review must be sought within 30 days of the order’s reinstatement.
Tapia missed the deadline.
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