Filed: Sep. 15, 2003
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS September 15, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 02-61031 Summary Calendar JOSE LUIS MIRELES-ZAPATA, Petitioner, versus TOM RIDGE, SECRETARY, DEPARTMENT OF HOMELAND SECURITY, Respondent. - Petition for Review of an Order of the Immigration and Naturalization Service Agency No. A91-102-494 - Before HIGGINBOTHAM, EMILIO M. GARZA and PRADO, Circuit Judges. PER CURIAM:* Jose Luis Mi
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS September 15, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 02-61031 Summary Calendar JOSE LUIS MIRELES-ZAPATA, Petitioner, versus TOM RIDGE, SECRETARY, DEPARTMENT OF HOMELAND SECURITY, Respondent. - Petition for Review of an Order of the Immigration and Naturalization Service Agency No. A91-102-494 - Before HIGGINBOTHAM, EMILIO M. GARZA and PRADO, Circuit Judges. PER CURIAM:* Jose Luis Mir..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS September 15, 2003
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 02-61031
Summary Calendar
JOSE LUIS MIRELES-ZAPATA,
Petitioner,
versus
TOM RIDGE, SECRETARY,
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
--------------------
Petition for Review of an Order of the
Immigration and Naturalization Service
Agency No. A91-102-494
--------------------
Before HIGGINBOTHAM, EMILIO M. GARZA and PRADO, Circuit Judges.
PER CURIAM:*
Jose Luis Mireles-Zapata has petitioned for review of the
decision of the Immigration and Naturalization Service (“INS”)
reinstating its December 1993 order of removal pursuant to
Immigration and Nationality Act (“INA”) § 241(a)(5). See
8 U.S.C. § 1231(a)(5). The respondent’s motion to supplement is
granted in part and denied in part. The respondent’s motion to
supplement the administrative record to include the prior order
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 02-61031
-2-
of removal is granted. However, that motion is denied to the
extent that it seeks to supplement the administrative record with
a copy of a certified mail receipt.
“In enacting § 241(a)(5), Congress’ intent was to streamline
and expedite existing procedures for removing illegal aliens,
which had become ‘cumbersome and duplicative.’” Ojeda-Terrazas
v. Ashcroft,
290 F.3d 292, 296 (5th Cir. 2002). Under implementing
regulations pertaining to reinstatement proceedings, “the alien
is not entitled to a hearing before an immigration judge.”
Id.
(citing 8 C.F.R. § 241.8). “Rather, an INS officer determines
(1) the identity of the alien; (2) whether the alien was subject
to a prior order of removal; and (3) whether the alien unlawfully
reentered the United States.”
Id. This court has jurisdiction
to review the Attorney General’s reinstatement order.
Id. at
294-95.
Mireles-Zapata raises several issues with regard to the
adequacy of the administrative record. Mireles-Zapata argues
that the administrative record does not contain a copy of the
prior order of removal. Mireles-Zapata did not dispute his
identity below or that he was subject to an order of removal
issued in December 1993. The record has been supplemented with a
copy of the original removal order. There is no reversible
error.
Mireles-Zapata also argues that the Attorney General has not
shown that he was the person who was the subject of the December
No. 02-61031
-3-
1993 order of removal. To the extent that this argument
implicates the validity of the original order of removal, it is
beyond this court’s jurisdiction. See
Ojeda-Terrazas, 290 F.3d
at 294–95. Again, Mireles-Zapata did not dispute below the
immigration officer’s determination as to his identity. There is
no genuine dispute as to his identity and there is, thus, no
reversible error. Accordingly, Mireles-Zapata’s petition for
review is DENIED.