Norma N. Serrano-Molina v. U.S. Attorney General

Case: 15-10317 Date Filed: 10/26/2017 Page: 1 of 7 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-10317 ________________________ Agency No. A073-926-683 NORMA N. SERRANO-MOLINA, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (October 26, 2017) Before TJOFLAT and JULIE CARNES, Circuit Judges, and CONWAY, ∗ District Judge. ∗ Honorable Anne C. Conway, United States District Judge for the Middle District of Florida, sitting by designation. Case: 15-10317 Date Filed: 10/26/2017 Page: 2 of 7 TJOFLAT, Circuit Judge: Norma Serrano-Molina petitions this Court to vacate a Final Administrative Removal Order (“FARO”) issued by the Department of Homeland Security (“DHS”). 1 She raises two arguments. First, she claims DHS erred in classifying her 1999 assault conviction as an aggravated felony that qualified her for expedited removal under 8 U.S.C. § 1228. Second, she claims that her Fifth Amendment due process rights were violated when the FARO was issued one day after she received notice of DHS’s intent to remove her from the United States. This Court lacks jurisdiction to address Serrano-Molina’s first argument because she did not “exhaust[] all administrative remedies available to [her] as of right.” 8 U.S.C. § 1252(d)(1). Serrano-Molina’s second argument fails because she has not demonstrated that an error deprived her of liberty without due process of law and that the error caused her substantial prejudice. We therefore dismiss her petition as to her first claim and deny it as to her second. I. Serrano-Molina, a native and citizen of Guatemala, entered the United States without inspection in 1989. In 1999, she pleaded nolo contendere to an assault 1 Serrano-Molina also petitions this Court to vacate the Immigration Court’s order in her reasonable fear withholding-of-removal proceeding. But she presents no arguments relating to that proceeding. Because all of Serrano-Molina’s arguments are directed toward the FARO, we discuss it alone. 2 Case: 15-10317 Date Filed: 10/26/2017 Page: 3 of 7 charge in Los Angeles Superior Court in California. She received a one-year jail sentence and three years of probation. On March 18, 2013, Serrano-Molina was arrested in Georgia for driving a motor vehicle without a license. On March 19, she was served with a Notice of Intent to Issue a FARO (“NOI”) after DHS determined that she qualified for expedited removal under 8 U.S.C. § 1228 due to her status as an alien and her California assault conviction. The NOI provided options for Serrano-Molina to contest her removal or to admit her deportability. The NOI also indicated that she “must respond to the above charges in writing” within ten days. She refused to select either option, refused to sign the NOI to indicate receipt, and did not respond to the charges in writing. The next day, March 20, Serrano-Molina was served with the FARO. There is no indication that Serrano-Molina challenged the FARO at any point prior to this petition, other than to express (at some unknown time) ...

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