RAMON CERVANTES-GARIVAY V. ERIC HOLDER, JR., No. 10-72692 (9th Cir. 2012)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 23 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT RAMON CERVANTES-GARIVAY, Petitioner, No. 10-72692 Agency No. A092-375-713 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Department of Homeland Security Submitted April 17, 2012 ** Before: LEAVY, PAEZ, and BEA, Circuit Judges. Ramon Cervantes-Garivay, a native and citizen of Mexico, petitions for review of the Department of Homeland Security s order reinstating his 1999 removal order under 8 U.S.C. § 1231(a)(5). We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Garcia de Rincon v. Dep t of * 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). Homeland Sec., 539 F.3d 1133, 1136 (9th Cir. 2008), and we deny the petition for review. Because Cervantes-Garivay has failed to demonstrate a gross miscarriage of justice in his prior removal proceedings, he may not collaterally attack his 1999 removal order in this petition for review. See id. at 1137-38 (a petitioner may not obtain collateral review of an underlying removal order unless he demonstrates a gross miscarriage of justice in the underlying proceedings). PETITION FOR REVIEW DENIED. 2 10-72692
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