Rosendo-Gualpa v. Garland

• Decision Date: 10 February 2022
• Docket Number: 21-2300
• Parties: LUIS ROSENDO-GUALPA, Petitioner, v. MERRICK B. GARLAND, Attorney General of the United States, Respondent.
• Court: U.S. Court of Appeals — Seventh Circuit

LUIS ROSENDO-GUALPA, Petitioner,
v.
MERRICK B. GARLAND, Attorney General of the United States, Respondent.

No. 21-2300

United States Court of Appeals, Seventh Circuit

February 10, 2022

NONPRECEDENTIAL DISPOSITION

Submitted January 7, 2022.

Petition for Review of a Final Removal Order of the U.S. Department of Homeland Security. No. A043-912-597

Before FRANK H. EASTERBROOK, Circuit Judge, AMY J. ST. EVE, Circuit Judge, THOMAS L. KIRSCH II, Circuit Judge.

ORDER

Luis Rosendo-Gualpa unlawfully reentered the United States after his removal to Ecuador in 2010. When the U.S. Department of Homeland Security discovered that Rosendo-Gualpa had returned to the United States, it reinstated the prior removal order. Rosendo-Gualpa has filed this petition seeking review of the 2010 removal order. Because we lack jurisdiction to review that order, we dismiss his petition.

1

Rosendo-Gualpa, a native and citizen of Ecuador, was admitted to the United States as a lawful permanent resident in 1993. In 1999, he pled guilty to sexual misconduct in violation of N.Y. Penal Law § 130.20, and he received three years' probation for that conviction. Ten years later, DHS initiated removal proceedings based on that sexual-misconduct conviction. On February 19, 2010, an immigration judge issued an order of removal, and the Board of Immigration Appeals later denied Rosendo-Gualpa's appeal. Rosendo-Gualpa did not seek further review of the removal order, and he was removed to Ecuador in November 2010.

Rosendo-Gualpa reentered the United States at some point before January 2021, when DHS became aware of his presence in the country. Rosendo-Gualpa was subsequently arrested, and he later pled guilty to illegal reentry in violation of 8 U.S.C. § 1326(a). On June 17, 2021, a federal district court sentenced him to time-served (112 days' imprisonment). On June 22, 2021, DHS notified Rosendo-Gualpa that it intended to reinstate his prior removal order. On this notice, Rosendo-Gualpa checked a box indicating that he did "not wish to make a statement contesting this determination." Admin. R. at 1. The immigration officer then determined that Rosendo-Gualpa was "subject to removal through reinstatement of the prior order, in accordance with section 241(a)(5) of the Act." Id. On July 14, 2021, Rosendo-Gualpa filed a petition for review in this court. While the petition was pending, he was removed from the United States to Ecuador.

In his petition,...