Daniel Palacios v. Jefferson Sessions, III

Case: 16-60697 Document: 00514294993 Page: 1 Date Filed: 01/04/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 16-60697 January 4, 2018 Summary Calendar Lyle W. Cayce Clerk DANIEL MORENO PALACIOS, also known as Javier Hernandez Dela Cruz, Petitioner v. JEFFERSON B. SESSIONS, III, U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A205 909 023 Before REAVLEY, PRADO, and SOUTHWICK, Circuit Judges. PER CURIAM: * Daniel Moreno Palacios, a native and citizen of Mexico, challenges the validity of a 2013 removal order in this petition for review. Palacios failed to contest the 2013 order earlier in the proceedings. He did not respond to the Notice of Intent to Issue a Final Administrative Removal Order or otherwise attempt to rebut the charge that he was removable based on his prior conviction for an aggravated felony, nor did he challenge the 2013 order by * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 16-60697 Document: 00514294993 Page: 2 Date Filed: 01/04/2018 No. 16-60697 filing a petition for review. See 8 C.F.R. § 238.1(c), 8 U.S.C. § 1252(a)(5). He also reentered the United States illegally in violation of his deportation order. This court lacks jurisdiction to consider the constitutional challenge to the underlying removal order. See Martinez v. Johnson, 740 F.3d 1040, 1042- 43 (5th Cir. 2014). Palacios’s petition for review is DISMISSED for lack of jurisdiction. 2 16-60697 Court of Appeals for the Fifth Circuit ca5 5th Cir. Daniel Palacios v. Jefferson Sessions, III 4 January 2018 Immigration Unpublished f305f848fcd7e91ef98aa4f0b4f612b32c2fe537

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