USCA11 Case: 19-14752 Date Filed: 01/27/2021 Page: 1 of 13 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT __________________________ No. 19-14752 Non-Argument Calendar __________________________ Agency No. A078-994-383 FRANCISCO JAVIER GONZALEZ, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Department of Homeland Security ________________________ (January 27, 2021) Before BRANCH, LAGOA, and BRASHER, Circuit Judges. PER CURIAM: Francisco Javier Gonzalez attempted to enter the United States in 2001 by presenting a fraudulent visa at inspection at a Houston airport. Shortly thereafter, USCA11 Case: 19-14752 Date Filed: 01/27/2021 Page: 2 of 13 immigration officials served Gonzalez with an expedited order of removal and removed him to Mexico. At some point, Gonzalez returned to the United States. In 2019, the government reinstated the 2001 expedited order of removal. In this petition for review, Gonzalez raises three challenges to the reinstatement order. First, he argues that the 2001 expedited order of removal was invalid and, thus, unenforceable. Second, he argues that the government arbitrarily violated the regulations governing reinstatement of removal. And third, Gonzalez argues that those violations deprived him of his Fifth Amendment right to due process. Because we lack jurisdiction to review the validity of the 2001 expedited order of removal, the government did not violate any regulations governing reinstatement, and the government did not violate Gonzalez’s constitutional rights, we dismiss the petition in part and deny it in part. I. BACKGROUND Gonzalez is a native and citizen of Mexico. In July 2000, Gonzalez lawfully entered the United States on a B2 visitors visa with authorization to stay until January 24, 2001. He stayed several months beyond the authorized date, returning to Mexico in June 2001. Thereafter, he unsuccessfully sought another legal visa to the United States. When his requests were declined, he purchased a visa from a “man in Tijuana” for $1,500. 2 USCA11 Case: 19-14752 Date Filed: 01/27/2021 Page: 3 of 13 Gonzalez then flew to Houston, Texas. Gonzalez presented his visa to immigration officials who noted that the visa appeared questionable and later determined it was fraudulent. During a secondary inspection interview conducted in Spanish, Gonzalez claimed that he did not know the visa was fraudulent, but he admitted that the man who sold him the visa instructed Gonzalez “not to tell officials that [he] had bought it.” At the end of the inspection, immigration authorities served Gonzalez with a Form I-860 Notice and Order of Expedited Removal under 8 U.S.C. § 1225(b)(1). 1 The Notice charged Gonzalez as subject to expedited removal because he sought admission to the United States with a fraudulent document under 8 U.S.C. § 1182(a)(6)(C)(i), and lacked a valid entry document under 8 U.S.C. § 1182(a)(7)(A)(i)(I). Gonzalez was removed from the United States on December 15, 2001. At some point, Gonzalez returned to the United States, married, and had children. Gonzalez’s spouse applied for a green card for Gonzalez, which was approved on January 23, 2009. Gonzalez eventually applied for adjustment of ...
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