HEVER MENDOZA LINARES V. MERRICK GARLAND, No. 20-71582 (9th Cir. 2022)
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Petitioner entered the United States without inspection and was immediately detained by Officers from the Department of Homeland Security (“DHS”). Two days later, pursuant to 8 U.S.C. Section 1225, DHS issued an expedited removal order against him. Petitioner asserted a fear of persecution, an asylum officer conducted a credible fear interview and concluded that Petitioner had not shown a reasonable fear of future persecution on account of a protected ground.
The Ninth Circuit dismissed Petitioner’s s petition for review from a decision of an immigration judge affirming an asylum officer’s negative credible fear determination in expedited removal proceedings. The court held that because Congress has clearly and unambiguously precluded the court from asserting jurisdiction over the merits of individual expedited removal orders, even with regard to constitutional challenges to such orders, and because that prohibition on jurisdiction raises no constitutional difficulty, the court lacked jurisdiction over Petitioner’s petition for review.
The court issued a subsequent related opinion or order on July 5, 2023.
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