United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-2034 ___________________________ Jose Eliodoro Gutierrez-Gutierrez, lllllllllllllllllllllPetitioner, v. Merrick B. Garland, Attorney General of the United States, lllllllllllllllllllllRespondent. ___________________________ Petition for Review of an Order of the Department of Homeland Security ___________________________ No. 19-3715 ___________________________ Jose Eliodoro Gutierrez-Gutierrez, lllllllllllllllllllllPetitioner, v. Merrick B. Garland, Attorney General of the United States, lllllllllllllllllllllRespondent.* * Attorney General Garland is substituted as respondent in both cases under Federal Rule of Appellate Procedure 43(c)(2). ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: November 17, 2020 Filed: March 22, 2021 ____________ Before COLLOTON, ARNOLD, and KELLY, Circuit Judges. ____________ COLLOTON, Circuit Judge. Jose Eliodoro Gutierrez-Gutierrez, a native and citizen of Mexico, petitions for review of two decisions: the reinstatement of a 1998 removal order by the Department of Homeland Security, and the denial of a motion to reopen the 1998 removal proceedings by the Board of Immigration Appeals. We deny the petitions for review. I. Gutierrez entered the United States in 1996 using a border crossing card, see 8 C.F.R. § 212.6(a), and his Mexican passport. The card functioned as a visitor’s visa and permitted him to remain in the United States for three days, but he stayed until 1998. The former Immigration and Naturalization Service then arrested Gutierrez and charged him as removable. Gutierrez appeared in immigration court at Kansas City, where he was represented by counsel. An immigration judge presided by teleconference from -2- Chicago. Gutierrez admitted removability and waived his right to appeal. The immigration judge issued an oral decision finding Gutierrez removable, and directed counsel for the government to serve Gutierrez with a removal order in person because the judge was presiding remotely. The government lawyer signed the judge’s name on the removal order and served the order on counsel for Gutierrez. The immigration court later sent Gutierrez’s counsel a copy of the same order signed by the judge. The government then removed Gutierrez to Mexico on April 20, 1998. Gutierrez says that he reentered the United States in May 1998 with his passport and a border crossing card. Because he had been removed in April 1998, however, Gutierrez was inadmissible to the country for ten years unless he received permission from the Attorney General to reapply for admission. 8 U.S.C. § 1182(a)(9)(A)(ii), (iii). Gutierrez apparently avoided immigration authorities in the United States for nearly twenty years. In 2018, however, the Department arrested him and reinstated the 1998 removal order under 8 U.S.C. § 1231(a)(5) and 8 C.F.R. § 241.8. Gutierrez petitioned for review of the Department’s reinstatement decision. Separately, Gutierrez moved the immigration court to reopen proceedings and vacate the 1998 removal order. He argued that he suffered a “gross miscarriage of justice” due to ineffective assistance of counsel during the 1998 removal proceeding. The immigration court denied the motion, concluding that it lacked jurisdiction to grant the requested relief, and the Board of Immigration Appeals affirmed without opinion. Gutierrez petitioned for review, and we …
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