EDGAR QUIX V. LORETTA E. LYNCH, No. 15-70303 (9th Cir. 2016)

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FILED AUG 03 2016 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT EDGAR ROBERTO QUIX, Petitioner, No. 15-70303 Agency No. A092-196-432 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Department of Homeland Security Submitted July 26, 2016** Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges. Edgar Roberto Quix, a native and citizen of Guatemala, petitions for review of the Department of Homeland Security’s (“DHS”) January 23, 2015, order reinstating his 2011 order of removal. We have jurisdiction under 8 U.S.C. § 1252. Our review is “limited to confirming the agency’s compliance with the * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). reinstatement regulations.” Garcia de Rincon v. DHS, 539 F.3d 1133, 1137 (9th Cir. 2008). The underlying reinstated removal order may only be reviewed for a “gross miscarriage of justice.” Id. at 1138. We deny the petition for review. Quix does not dispute the factual predicates for reinstatement. See id. at 1137 (listing the three determinations underlying a reinstatement order that may be reviewed). Quix has not established a gross miscarriage of justice in his underlying removal proceedings based on his transfer to detention in another state or his prior attorney’s alleged failure to challenge the transfer as a due process violation. See id. at 1138. PETITION FOR REVIEW DENIED. 2 15-70303

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