FILED
NOT FOR PUBLICATION DEC 28 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JAIME RODRIGUEZ CASTILLO, No. 11-71895
Petitioner, Agency No. A076-689-256
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Department of Homeland Security
Submitted December 19, 2012**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Jaime Rodriguez Castillo, a native and citizen of Mexico, petitions for
review of the Department of Homeland Security’s order reinstating his 1998
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.
Rodriguez Castillo’s challenge to the reinstatement of his 1998 removal
order fails because he has not established “a gross miscarriage of justice.” 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 initial removal
proceedings).
PETITION FOR REVIEW DENIED.
2 11-71895