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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Immigration: Order of Removal-Reinstatement-Dismissal of Federal Complaint

Immigration: Order of Removal-Reinstatement-Dismissal of Federal Complaint

Petitioner, a citizen of Mexico who unlawfully entered the United States, was ordered removed after he was convicted of an aggravated felony. Petitioner later unlawfully reentered the U.S., alleging that he feared persecution if returned to Mexico. An immigration judge found no reasonable fear of persecution; petitioner then petitioned for review and filed two lawsuits in district court seeking review of the reinstatement of the removal order. The district court dismissed the suits.

Where a petition for review was the sole means of review of an order of removal, the district court did not err in dismissing petitioner’s lawsuits for lack of subject-matter jurisdiction, and petitioner’s removal order was properly reinstated as he could not collaterally attack the validity of the order in a reinstatement proceeding.

Judgment is affirmed.

Lara-Nieto v. Barr (MLW No. 74357/Case No. 18-2232 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Appealed from U.S. District Court, District of Minnesota, Frank, J. (Jason A. Nielson, of Minneapolis, MN. For petitioner/ appellant; Herbert Igbanugo, of Minneapolis, MN on brief) (Scott Stewart, USDOJ, OIL, of Washington, DC for respondent/ appellees; Nancy Safavi, USDOJ, OIL, of Washington, DC on brief)