UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-2135
ENNIO MANOLO DE LEON ESTRADA,
Petitioner,
versus
JULIE L. MYERS, Assistant Secretary; ALBERTO
R. GONZALES, Attorney General,
Respondents.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A96-794-351; A73-524-000)
Submitted: May 4, 2007 Decided: June 6, 2007
Before MOTZ, TRAXLER, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Linda A. Dominguez, L A DOMINGUEZ LAW, LLC, Baltimore, Maryland,
for Petitioner. Peter D. Keisler, Assistant Attorney General, Papu
Sandhu, Senior Litigation Counsel, Daniel J. Davis, UNITED STATES
DEPARTMENT OF JUSTICE, Washington, D.C., for Respondents.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ennio Manolo De Leon Estrada, a native and citizen of
Guatemala, petitions for review of the reinstatement of an order of
deportation entered in 1995. Soon after his deportation, Estrada
illegally reentered the United States. Estrada was arrested in
2006 during an interview regarding his application for adjustment
of status. The prior order of deportation was reinstated pursuant
to 8 U.S.C. § 1231(a)(5) (2000), 8 C.F.R. § 1241.8 (2006). Estrada
seeks review of this order.
Under 8 U.S.C. § 1231(a)(5), the Attorney General may
reinstate a prior order of removal from its original date, and the
order “is not subject to being reopened or reviewed . . . .” Our
examination of the record convinces us that this statute was
properly applied to Estrada. See Fernandez-Vargas v. Gonzales, 126
S. Ct. 2422, 2425 (2006) (holding § 1231(a)(5) has no improper
retroactive effect when applied to an alien who was deported and
who illegally returned before the effective date of the statute);
Velasquez-Gabriel v. Crocetti, 263 F.3d 102, 108-10 (4th Cir. 2001)
(same). Therefore, under the plain language of the statute, we
lack jurisdiction to review the reinstated order of removal.
We deny the petition for review. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would not
aid the decisional process.
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PETITION DENIED
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