Jose Huerta-Carillo v. Loretta E. Lynch ( 2016 )

FILED
NOT FOR PUBLICATION AUG 02 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE MANUEL HUERTA-CARRILLO, No. 13-72789
Petitioner, Agency No. A074-416-548
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Department of Homeland Security
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Jose Manuel Huerta-Carrillo, a native and citizen of Mexico, petitions for
review of the Department of Homeland Security’s (“DHS”) order reinstating his
1997 exclusion order under 8 U.S.C. § 1231(a)(5). Our jurisdiction is governed by
8 U.S.C. § 1252. We review de novo questions of law. Garcia de Rincon v. DHS,
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
539 F.3d 1133, 1136 (9th Cir. 2008). We deny in part and dismiss in part the
petition for review.
Based on the transcript dated January 16, 1997, Huerta-Carrillo has not
established a gross miscarriage of justice in his initial exclusion proceedings.1 See
id. at 1138 (a petitioner may not obtain collateral review of the underlying order
being reinstated unless he demonstrates “a gross miscarriage of justice” in the
initial removal proceedings).
We lack jurisdiction to review Huerta-Carrillo’s contentions related to the
underlying 2007 and 2011 Board of Immigration Appeals’ decisions because this
petition for review is not timely as to those decisions. See 8 U.S.C. § 1252(b)(1);
Stone v. INS, 514 U.S. 386, 405 (1995).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
1
The government has not contested the authenticity of the January 16, 1997,
transcript included in Huerta-Carrillo’s opening brief.
2 13-72789