DE LEON v. ATTORNEY GENERAL UNITED STATES (2019)

OPINION *

Sergio De Leon entered the United States without inspection in the early 1990s. He was apprehended in 2005 and removed to his native Guatemala. Several weeks later, he made the trek back to the United States and crossed the border into Arizona. In 2014, immigration authorities caught him once again and reinstated his first removal order.

Because he was subject to a reinstated order of removal, De Leon’s first task was to demonstrate a “reasonable fear” of returning to Guatemala. See Bonilla v. Sessions, 891 F.3d 87, 90 (3d Cir. 2018). An asylum officer and an Immigration Judge both found that De Leon lacked the “reasonable fear” required to reach the merits of his immigration claims. This threshold finding also meant he could not appeal to the Board of Immigration Appeals. See 8 C.F.R. § 1208.31(g)(1). As a result, he has petitioned for review by our Court.

We dismiss that petition. To begin, De Leon’s appellate brief fails to challenge the finding that he could relocate to Guatemala without any reasonable fear. Although he fears gang activity in its capital, nothing is stopping him from returning safely to his hometown of Salcaja. This waiver dooms the petition at the outset.

Instead, De Leon puts the cart before the horse by focusing his energies on why he is entitled to asylum. But “aliens subject to reinstated removal orders,” as De Leon is here, “are ineligible to apply for asylum.” Cazun v. Att’y Gen., 856 F.3d 249, 251 (3d Cir. 2017).

Thus we dismiss the petition for review.

AMBRO, Circuit Judge