FILED
NOT FOR PUBLICATION MAY 28 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RAMIRO CHAVEZ-PALAFOX, Nos. 09-71822
Nos. 10-70331
Petitioner,
Agency No. A077-810-617
v.
ERIC H. HOLDER, Jr., Attorney General, MEMORANDUM*
Respondent.
On Petition for Review of Orders of the
Board of Immigration Appeals
Submitted May 13, 2014**
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
In these consolidated cases, Ramiro Chavez-Palafox, a native and citizen of
Mexico, petitions for review of the Board of Immigration Appeals’ orders
dismissing his appeal from an immigration judge’s decision terminating his
removal proceedings, and denying his motion to reopen. We dismiss the petitions
*
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).
for review. Because an order terminating
Because an order terminating removal proceedings is not a final order of
removal, we lack jurisdiction to consider Chavez-Palafox’s petitions for review of
that order. See Alcala v. Holder, 563 F.3d 1009, 1013-16 (9th Cir. 2009); see also
8 U.S.C. § 1252(b)(9) (“Judicial review of all questions of law and fact . . . shall be
available only in judicial review of a final order [of removal].”).
To the extent Chavez-Palafox contends that we have jurisdiction to review
his 1999 expedited removal order, this contention fails. See 8 U.S.C.
§ 1252(e)(2); see also Garcia de Rincon v. Dep’t. of Homeland Sec., 539 F.3d
1133, 1138-39 (9th Cir. 2008) (“Section 1252(e) only permits review of expedited
removal orders in a habeas corpus petition, and even then the review is limited to
an inquiry over whether: (A) the petitioner is an alien, (B) whether the petitioner
was ordered removed under such section, and (C) whether the petitioner can prove
by a preponderance of the evidence that the petitioner is an alien lawfully admitted
for permanent residence, [or is a refugee or has been granted non-terminated
asylum].”) (citations omitted)).
PETITIONS FOR REVIEW DISMISSED.
2 09-71822, 10-70331