Samuel Garcia-Aguilar v. Eric Holder, Jr., No. 09-71936 (9th Cir. 2011)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 22 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT SAMUEL GARCIA-AGUILAR, Petitioner, No. 09-71936 Agency No. A076-710-631 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 8, 2011 ** Before: FARRIS, LEAVY, and BYBEE, Circuit Judges. Samuel Garcia-Aguilar, 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 denying his application for cancellation of removal. 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 Garcia-Aguilar s collateral challenge to his 1997 expedited removal order. See 8 U.S.C. § 1252(a)(2)(A)(1), (e)(2) (this Court lacks jurisdiction to review expedited removal orders unless challenged in habeas corpus proceedings); see also Avendano-Ramirez v. Ashcroft, 365 F.3d 813, 81819 (9th Cir. 2004) (habeas corpus review of expedited removal orders narrowly limited). PETITION FOR REVIEW DISMISSED. 2 09-71936

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.