History
  • No items yet
midpage
Luis Verdu-Degregorio v. Loretta Lynch
657 F. App'x 640
9th Cir.
2016
Check Treatment
Docket
Case Information

*1 Before: TASHIMA, SILVERMAN, and M. SMITH, Circuit Judges.

Luis Verdu-Degregorio, a native and citizen of Spain, petitions pro se for review of the Department of Homeland Security’s (“DHS”) final administrative removal order finding Verdu-Degregorio removable as an alien convicted of an aggravated felony, after expedited removal proceedings pursuant to 8 U.S.C. *2 § 1228(b). Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo claims of due process violations. Singh v. Ashcroft , 367 F.3d 1182, 1185 (9th Cir. 2004). We deny in part and dismiss in part the petition for review.

Verdu-Degregorio does not challenge the DHS’s determination that he has been convicted of an aggravated felony that renders him removable under 8 U.S.C. § 1227(a)(2)(A)(iii). See Tijani v. Holder , 628 F.3d 1071, 1080 (9th Cir. 2010) (issues not raised in an opening brief are waived).

To the extent that Verdu-Degregorio contends that he did not knowingly waive his right to appeal his removal order and request withholding of removal, his due process claim fails because he does not explain how his due process rights were violated in his signing of the waiver, nor did he establish any resulting prejudice. See Lata v. INS , 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice to prevail on a due process claim).

To the extent that Verdu-Degregorio is collaterally attacking his underlying state criminal conviction, we lack jurisdiction to consider this claim. See Ramirez- Villalpando v. Holder , 645 F.3d 1035, 1041 (9th Cir. 2010) (holding that petitioner could not collaterally attack his state court conviction on a petition for review of an agency decision).

PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 15-73323

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Case Details

Case Name: Luis Verdu-Degregorio v. Loretta Lynch
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Oct 5, 2016
Citation: 657 F. App'x 640
Docket Number: 15-73323
Court Abbreviation: 9th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.