MARTINEZ v. JOHNSON

No. 13-60420 Summary Calendar.

740 F.3d 1040 (2014)

Jose Apolinar MARTINEZ, Also Known As M. Jose Apolinar, Also Known as Apoinar Garcia Martinez, Also Known as Jose Apolinar Martin Garcia, Also Known as Apolinar Garcia Martinez, Petitioner, v. Jeh JOHNSON, Secretary, Department of Homeland Security, Respondent.

United States Court of Appeals, Fifth Circuit.

January 24, 2014.


Attorney(s) appearing for the Case

Xenos M. Yuen , David W. Ghisalbert , Siegel, Yuen & Honore, P.L.L.C., Houston, TX, for Petitioner.

Katherine Ann Smith , Trial Attorney, Tangerlia Cox , David Michael McConnell , Kerry Ann Monaco , Trial Attorney, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.

Before JOLLY, SMITH, and CLEMENT, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Jose Martinez challenges the reinstatement of an order of removal by Immigration and Customs Enforcement ("ICE"). He contends that the original order of deportation must be rescinded as unconstitutional and, alternatively, that it cannot be reinstated because he legally reentered the United States. Because we do not have jurisdiction to review the first issue, and because the second is meritless, we deny the petition for review.

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