RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 19a0174p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT JORGE MORENO-MARTINEZ, ┐ Petitioner, │ │ > No. 18-3798 v. │ │ │ WILLIAM P. BARR, Attorney General, │ Respondent. │ ┘ On Petition for Review from a Final Order of the Department of Homeland Security; No. A 099 996 338. Decided and Filed: July 31, 2019 Before: COLE, Chief Judge; GRIFFIN and BUSH, Circuit Judges. _________________ COUNSEL ON BRIEF: Sufen Hilf, HILF & HILF, PLC, Troy, Michigan, for Petitioner. Justin R. Markel, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. _________________ OPINION _________________ JOHN K. BUSH, Circuit Judge. Jorge Moreno-Martinez petitions for review of the order of the Department of Homeland Security (“DHS”) reinstating Moreno-Martinez’s order of removal. Moreno-Martinez argues that he was denied due process because he and his counsel did not receive a copy of the reinstatement order and did not have the opportunity to argue against the validity of his underlying removal order. Moreno-Martinez’s constitutional challenge to the reinstatement order has no merit because, even assuming a due-process violation occurred, he has not demonstrated prejudice from that violation. In fact, there can be no prejudice because No. 18-3798 Moreno-Martinez v. Barr Page 2 we have no jurisdiction to reopen the underlying removal order, given that Petitioner failed to challenge that order within thirty days of its issuance, as required by 8 U.S.C. § 1252(b)(1). We therefore DENY the petition for review. Moreno-Martinez is a native and citizen of Honduras. He arrived in the United States in 1999, returned to Honduras in 2003, and then reentered the United States in 2004. On January 3, 2007, DHS issued a notice of removal. In a document titled “Notice to Appear,” DHS charged Petitioner with violating 8 U.S.C. § 1182(a)(6)(A)(i) because he is “[a]n alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General.” That document also ordered Moreno-Martinez to appear on “a date to be set” at “a time to be set.” Almost two months later, on February 28, 2007, the immigration court sent Petitioner a “Notice of Hearing in Removal Proceedings.” The Notice of Hearing set June 26, 2007, as the initial hearing date for his removal proceedings. Petitioner then entered removal proceedings, during which he conceded his charges of removability and applied for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). An immigration judge denied Petitioner’s request for asylum, withholding of removal, and relief under the CAT, but granted his additional request for voluntary removal upon payment of a $500 bond. The Board of Immigration Appeals (“BIA”) affirmed the immigration judge’s decision, denied reinstating the voluntary removal period because of lack of proof that Petitioner paid the bond, and ordered Petitioner to be removed from the United States. Moreno-Martinez did not petition this court for review of the removal ...
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