Torres-Tristan v. Holder, 656 F.3d 653

Torres-Tristan, a Mexican citizen, entered the U.S. in 1993 as a minor and joined the Latin Kings; in 2000 he was order removed for criminal convictions and the removal order was executed in 2001.
He reentered illegally three months after removal, returning to the Chicago area where he lived for years without enforcement attention.
In 2002 he was assaulted; he later sought a U Visa based on that incident and his cooperation with police, while also seeking a waiver of inadmissibility due to prior crimes and removal.
DHS reinstated the 2000 removal order in January 2010, while Torres-Tristan was in DHS custody, and he filed a U Visa petition and waiver request with USCIS six weeks later.
USCIS denied both the U Visa petition and the waiver, and Torres-Tristan then sought judicial review in three petitions consolidated for briefing.
The Seventh Circuit ultimately denied review of the reinstatement order and dismissed the U Visa/waiver petitions for lack of jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court has jurisdiction to review the 2010 reinstatement of removal order	Torres-Tristan argues for review under 8 U.S.C. §1252.	HOLDER argues review is limited to the reinstatement order's proper entry, not underlying collateral issues.	Jurisdiction granted to review reinstatement entry; no review of underlying issues.
Whether the denial of the U visa petition and waiver is reviewable	Torres-Tristan seeks review under §1252 of USCIS's denials of the U Visa and I-192 waiver.	Denials are collateral to the reinstatement order and not subject to §1252 review.	Court lacks jurisdiction to review denial of waiver and denial of U Visa.
Whether the denial of reconsideration is reviewable		Court should review reconsideration denial as part of the removal order review.	Dismissed for lack of jurisdiction.

Fonseca-Sanchez v. Gonzales, 484 F.3d 439 (7th Cir. 2007) (lack of §1252 review for U Visa denials; collateral nature of waivers)
Morales-Izquierdo v. DHS, 600 F.3d 1076 (9th Cir. 2010) (zipper clause; review of reinstated order; distinguished)
Carvajal-Munoz v. INS, 743 F.2d 562 (7th Cir. 1984) (final order scope includes related proceedings)
Foti v. INS, 375 U.S. 217 (1963) (origins of final removal order review)
Cheng Fan Kwok v. INS, 392 U.S. 206 (1968) (scope of review related to deportation proceedings)
INS v. Chadha, 462 U.S. 918 (1983) (direct review limits; cannot broaden to collateral visa matters)
Delgado v. Quarantillo, 643 F.3d 52 (2d Cir. 2011) (illustrates linkage between waiver/adjustment and removal orders)
Morales-Izquierdo v. DHS, 600 F.3d 1076 (9th Cir. 2010) (zipper clause discussions)
Leyva v. Ashcroft, 380 F.3d 303 (7th Cir. 2004) (zipper clause jurisdictional limitations)