ROMERO V. HOLDER, No. 07-74937 (9th Cir. 2012)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 14 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT VICTOR M. ROMERO, No. 07-74937 Petitioner, Agency No. A071-523-943 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Department of Homeland Security Submitted March 6, 2012 ** Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges. Victor M. Romero, a native and citizen of Mexico, petitions for review of the Department of Homeland Security s order reinstating his 1992 exclusion order under 8 U.S.C. § 1231(a)(5). We have jurisdiction under 8 U.S.C. § 1252. We review de novo due process claims and questions of law, Garcia de Rincon v. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Dep t of Homeland Sec., 539 F.3d 1133, 1136 (9th Cir. 2008), and we deny the petition for review. Because Romero failed to demonstrate a gross miscarriage of justice in his initial exclusion proceeding, he may not at this point collaterally attack his 1992 exclusion order. See id. at 1137-38 (while a petitioner is generally prevented from collaterally attacking an underlying removal order on constitutional or legal grounds, 8 U.S.C. § 1252(a)(2)(D) permits some measure of review if he can demonstrate a gross miscarriage of justice in the prior proceedings). Romero s contention that the agency erred in applying the reinstatement provision to him because he is eligible for adjustment of status under the special adjustment provision, 8 U.S.C. § 1255(i), is unpersuasive. See Padilla v. Ashcroft, 334 F.3d 921, 925-26 (9th Cir. 2003). PETITION FOR REVIEW DENIED. 2 07-74937
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