Ramon Diaz-Cortez v. Eric H. Holder Jr.

444 F. App'x 983

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 25, 2011
• Docket: 08-71549
• Status: Unpublished

Opinion

MEMORANDUM **

Ramon Diaz-Cortez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision pretermitting his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir.2008), and we deny the petition for review.

Because Diaz-Cortez failed to demonstrate a gross miscarriage of justice at his prior proceedings, he may not collaterally attack his 2004 removal order. See Ramirez-Juarez v. INS, 633 F.2d 174,175-76 (9th Cir.1980) (per curiam) (“This court has consistently held that an alien cannot collaterally attack an earlier exclusion or deportation at a subsequent deportation hearing, in the absence of a gross miscarriage of justice at the prior proceedings.”).

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.