Melecio Perez v. Eric H. Holder Jr. ( 2010 )

FILED
NOT FOR PUBLICATION JUN 02 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MELECIO PEREZ, a.k.a. Manuel Rivera No. 08-73980
Espinoza,
Agency No. A076-662-324
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Department of Homeland Security
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Melecio Perez, a native and citizen of Mexico, petitions for review of the
Department of Homeland Security’s order reinstating his 1997 expedited removal
order under 8 U.S.C. § 1231(a)(5). 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 consider Perez’s collateral challenge to his prior
expedited removal order. Garcia de Rincon v. Dep’t of Homeland Sec., 539 F.3d
1133, 1139 (9th Cir. 2008); see also 8 U.S.C. § 1252(e) (judicial review of
expedited removal orders available only in habeas corpus proceedings).
PETITION FOR REVIEW DISMISSED.
2 08-73980