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182034P.pdf   03/22/2021  Jose Gutierrez-Gutierrez  v.  Merrick B. Garland
   U.S. Court of Appeals Case No:  18-2034
                          and No:  19-3715
   Petition for Review of an Order of the DHS Homeland Security   
   [PUBLISHED] [Colloton, Author, with Arnold, and Kelly, Circuit Judges] 
   Petition for Review - Immigration. The BIA did not err in reinstating 
   petitioner's 1998 removal order; claim of ineffective assistance of 
   counsel in the 1998 proceedings was untimely; there was substantial 
   evidence supporting the existence of the prior removal order; petitioner's 
   re-entry into the U.S. in May, 1998, was unlawful because he reentered 
   within ten years of his removal without the Attorney General's permission 
   to reapply for admission; the BIA correctly determined the immigration 
   court lacked jurisdiction to reopen the 1998 proceeding; current law does 
   not allow for a miscarriage-of-justice exception to the statutory 
   prohibition on reopening a reinstated removal order.