Lopez-Herrera v. INS ( 2000 )

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
JAN 20 2000
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
VICTOR HUGO LOPEZ-HERRERA,
Petitioner,
v. No. 00-9501
(Petition for Review)
IMMIGRATION & (No. 99-N-2447)
NATURALIZATION SERVICE,
Respondent.
ORDER AND JUDGMENT *
Before BRORBY, KELLY, and BRISCOE, Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
Petitioner Victor Hugo Lopez-Herrera, a native of El Salvador, has filed
an emergency motion for stay of deportation pending petition for review. He
concedes that he was deported from the United States in March 1991 under
a valid final order of deportation and reentered the United States illegally later
the same year. He raises various arguments that the Immigration and
Naturalization Service (INS) may not reinstate the 1991 order and remove
him now without holding another hearing.
Petitioner does not suggest a basis for this court’s jurisdiction and we
find none. This court lacks jurisdiction to review INS’s removal proceedings
generally. See 8 U.S.C. § 1252(g); see also Reno v. American-Arab
Anti-Discrimination Comm. , 119 S. Ct. 936, 943 (1999) (holding that 8 U.S.C.
§ 1252(g) bars judicial review of removal proceedings under 28 U.S.C. § 2241).
Further, this court is specifically barred from reviewing the agency’s
reinstatement of a prior deportation order. See Mendez-Tapia v. Sonchik ,
998 F. Supp. 1105, 1107-09 (D. Ariz. 1998) (discussing 8 U.S.C. § 1231(a)(5)).
The motion for stay of deportation is denied and the petition for review is
DISMISSED. The mandate shall issue forthwith.
ENTERED FOR THE COURT
PER CURIAM
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