FILED
NOT FOR PUBLICATION APR 23 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RAMON CERVANTES-GARIVAY, No. 10-72692
Petitioner, Agency No. A092-375-713
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order
of the Department of Homeland Security
Submitted April 17, 2012 **
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Ramon Cervantes-Garivay, a native and citizen of Mexico, petitions for
review of the Department of Homeland Security’s order reinstating his 1999
removal order under 8 U.S.C. § 1231(a)(5). We have jurisdiction under 8 U.S.C.
§ 1252. We review de novo questions of law, Garcia de Rincon v. Dep’t of
*
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).
Homeland Sec., 539 F.3d 1133, 1136 (9th Cir. 2008), and we deny the petition for
review.
Because Cervantes-Garivay has failed to demonstrate a gross miscarriage of
justice in his prior removal proceedings, he may not collaterally attack his 1999
removal order in this petition for review. See id. at 1137-38 (a petitioner may not
obtain collateral review of an underlying removal order unless he demonstrates “a
gross miscarriage of justice” in the underlying proceedings).
PETITION FOR REVIEW DENIED.
2 10-72692