Kimble v. Holder

FILED NOT FOR PUBLICATION JUL 09 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARIA KIMBLE, a.k.a. Maria Trinidad No. 07-74316 Medrano Corona, Agency No. A079-359-985 Petitioner, v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Department of Homeland Security Submitted June 29, 2010 ** Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges. Maria Kimble, a native and citizen of Mexico, petitions from a United States Immigration and Customs Enforcement decision to reinstate her prior exclusion order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions * 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). of law and due process claims. Garcia de Rincon v. Dep't Homeland Security, 539 F.3d 1133, 1136 (9th Cir. 2008). We deny the petition for review. The reinstatement of Kimble’s removal order did not violate her due process rights. See Morales-Izquierdo v. Gonzales, 486 F.3d 484, 497 (9th Cir. 2007) (en banc) (“Reinstatement 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.”). Kimble’s remaining constitutional contentions are not persuasive. PETITION FOR REVIEW DENIED. 2 07-74316