United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-2232 ___________________________ Jesus Lara-Nieto lllllllllllllllllllllPetitioner v. William P. Barr, Attorney General of the United States lllllllllllllllllllllRespondent ___________________________ No. 18-3383 ___________________________ Jesus Lara-Nieto lllllllllllllllllllllPlaintiff - Appellant v. Chad Wolf, Acting Secretary, Department of Homeland Security; Peter Berg, District Director, U.S. Immigration & Customs Enforcement (ICE); William P. Barr, Attorney General of the United States lllllllllllllllllllllDefendants - Appellees1 ___________________________ 1 Appellee Wolf is automatically substituted for his predecessor under Fed. R. App. P. 43(c)(2). No. 18-3385 ___________________________ Jesus Lara-Nieto lllllllllllllllllllllPlaintiff - Appellant v. Chad Wolf, Acting Secretary, Department of Homeland Security; Mario Ortiz, District Director, U.S. Immigration & Customs Enforcement (ICE); Peter Berg, District Director, U.S. Immigration & Customs Enforcement (ICE); William P. Barr, Attorney General of the United States lllllllllllllllllllllDefendants - Appellees2 ____________ Petition for Review of an Order of the Board of Immigration Appeals with Appeals from United States District Court for the District of Minnesota ____________ Submitted: October 16, 2019 Filed: December 27, 2019 ____________ Before LOKEN, SHEPHERD, and STRAS, Circuit Judges. ____________ SHEPHERD, Circuit Judge. 2 Appellee Wolf is automatically substituted for his predecessor under Fed. R. App. P. 43(c)(2). -2- In this consolidated appeal, Jesus Lara-Nieto petitions for review of an order of the Department of Homeland Security (DHS) reinstating a prior order of removal and appeals the dismissal of his related complaints that were filed in federal district court. Having jurisdiction under 8 U.S.C. § 1252(a) and 28 U.S.C. § 1291, we deny his petition for review in the lead case and affirm the district court3 in the consolidated cases. I. Jesus Lara-Nieto, a citizen of Mexico, unlawfully entered the United States in 1993. In 2003, he was convicted of “Assault-Family Violence” in Texas state court. Lara-Nieto was later served with a Notice of Intent to Issue a Final Administrative Removal Order (Notice of Intent), charging him with removability as an alien convicted of an aggravated felony under 8 U.S.C. § 1227(a)(2)(A)(iii). In describing the type of aggravated felony that Lara-Nieto committed, the Notice of Intent erroneously referred to § 101(a)(43)(B) of the Immigration and Nationality Act (INA), which defines an aggravated felony, in part, as certain drug-trafficking offenses. See 8 U.S.C. § 1101(a)(43)(B). It did, however, refer to Lara-Nieto’s conviction for “Assault-Family Violence” in the factual allegations supporting removability. After affording Lara-Nieto an opportunity to respond, immigration authorities issued a Final Administrative Removal Order on July 1, 2003 (Removal Order). The Removal Order stated that Lara-Nieto was convicted of an aggravated felony under § 101(a)(43)(F) of the INA, which defines an aggravated felony, in part, as a crime of violence. See 8 U.S.C. § 1101(a)(43)(F). On July 15, 2003, Lara-Nieto was removed from the United States. 3 The Honorable Donovan W. Frank, United States District Judge for the District of Minnesota. -3- At some point thereafter, Lara-Nieto illegally reentered the country. On April 27, 2018, DHS reinstated the Removal Order pursuant to 8 U.S.C. § 1231(a)(5). After indicating that he was afraid to return ...
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