OSCAR HERRADA-RAMOS V. ERIC HOLDER, JR., No. 12-73685 (9th Cir. 2014)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FEB 24 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT OSCAR GERARDO HERRADARAMOS, No. 12-73685 Agency No. A072-862-835 Petitioner, MEMORANDUM* v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Department of Homeland Security Submitted February 18, 2014** Before: ALARCÃ N, O SCANNLAIN, and FERNANDEZ, Circuit Judges. Oscar Gerardo Herrada-Ramos, a native and citizen of Mexico petitions pro se for review of the Department of Homeland Security s reinstatement of his 1993 order of deportation. Our jurisdiction is governed by 8 U.S.C. § 1252. 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 Herrada-Ramos challenge to the reinstatement of his 1993 deportation order because he does not dispute the factual predicates for reinstatement, see Garcia de Rincon v. Dep t. of Homeland Sec., 539 F.3d 1133, 1137 (9th Cir. 2008) (listing the three determinations underlying a reinstatement order that may be reviewed), nor does he allege a gross miscarriage of justice in the underlying 1993 deportation proceedings, see id. at 1138 (while a petitioner is generally prevented from collaterally attacking an underlying deportation 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 underlying proceedings). PETITION FOR REVIEW DISMISSED. 2 12-73685

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