DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
182109P.pdf 06/27/2019 Jose Luis Mendez-Gomez v. William P. Barr
U.S. Court of Appeals Case No: 18-2109
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Shepherd, Author, with Arnold and Erickson, Circuit Judges]
Petition for Review - Immigration. The court lacked jurisdiction to review
the reinstatement of a prior removal order as the issue had not been
exhausted; on claim that DHS violated his due process rights by continuing
to question him after he requested an attorney, petitioner could not show
prejudice because the presence of an attorney would not have changed
petitioner's status as an alien who illegally reentered the U.S. following
the entry of a removal order, which are the only issues in a reinstatement
proceeding; in order to qualify for withholding of removal, petitioner had
to show that the Guatemalan government would be unable or unwilling to
protect him from the person threatening him harm over a bad debt; the IJ
found against petitioner on this issue, and he failed to raise the issue
before the BIA; as a result, he had not exhausted his administrative
remedies on the issue, and it could not be reviewed; petitioner failed to
raise any meaningful argument on his CAT claim before the BIA, and the
court would not address the unexhausted claim.