Sergio Arreola-Arreola v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION DEC 23 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SERGIO ALFONSO ARREOLA- No. 09-71830
ARREOLA,
Agency No. A011-434-117
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted December 8, 2011
San Francisco, California
Before: TROTT and BEA, Circuit Judges, and GEORGE, Senior District Judge.**
Sergio Alfonso Arreola-Arreola (“Arreola”) petitions for review of the
Board of Immigration Appeals’ order affirming the reinstatement of a prior order
of removal from the United States. We have jurisdiction to review Arreola’s
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Lloyd D. George, Senior District Judge for the U.S.
District Court for Nevada, sitting by designation.
challenge to the reinstatement order under 8 U.S.C. §1252(a). In exercising that
jurisdiction, we are not precluded by 8 U.S.C. §1231(a)(5) from reviewing a
collateral constitutional attack on the prior order of removal underlying the
reinstatement order. 8 U.S.C. §1252(a)(2)(D).
Arreola’s alleged deprivation of due process in his underlying removal
proceedings cannot support his claim before this court: that his due process rights
were violated by the reinstatement of that prior order. The “[r]einstatement of a
prior removal order–regardless of the process afforded in the underlying
order–does not offend due process because reinstatement of a prior order does not
change the alien’s rights or remedies.” Morales-Izquierdo v. Gonzales, 486 F.3d
484, 497 (9 th Cir. 2007) (en banc).
AFFIRMED.
2