Israel Cuevas-Alarcon v. Eric H. Holder, Jr., No. 14-2283 (8th Cir. 2015)
Annotate this CaseCourt Description: Per Curiam - Before Wollman, Loken and Benton, Circuit Judges] Immigration - Petition for Review. The prior removal order in this case is not subject to being reopened or reviewed and the petition for review is denied.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-2283 ___________________________ Israel Cuevas-Alarcon lllllllllllllllllllllPetitioner v. Loretta E. Lynch1 lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the DHS Homeland Security ____________ Submitted: June 29, 2015 Filed: July 2, 2015 [Unpublished] ____________ Before WOLLMAN, LOKEN, and BENTON, Circuit Judges. ____________ PER CURIAM. 1 Loretta E. Lynch has been appointed to serve as Attorney General of the United States, and is substituted as respondent pursuant to Federal Rule of Appellate Procedure 43(c). Israel Cuevas-Alarcon petitions for review of an order issued by the Department of Homeland Security reinstating a prior removal order against him. For reversal, Cuevas-Alarcon argues that the reinstatement violates due process because the underlying removal order is legally deficient. This challenge is not properly before us: the prior removal order “is not subject to being reopened or reviewed,” see 8 U.S.C. § 1231(a)(5), and Cuevas-Alarcon has not raised any colorable constitutional or legal claim appropriate for appellate review, see Molina Jerez v. Holder, 625 F.3d 1058, 1062, 1067-68 (8th Cir. 2010) (describing limited appellate jurisdiction to review reinstatement order; mere recitation of constitutional or legal terms is insufficient to invoke jurisdiction). Accordingly, the petition is denied. See 8th Cir. R. 47B. ______________________________ -2-
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