NOT RECOMMENDED FOR PUBLICATION File Name: 22a0485n.06 No. 22-3067 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Nov 30, 2022 DEBORAH S. HUNT, Clerk ) GABINO OSORIO MEDINA, ) Petitioner, ) ON PETITION FOR REVIEW OF ) AN ORDER OF THE BOARD OF v. ) IMMIGRATION APPEALS ) MERRICK B. GARLAND, Attorney General, ) OPINION Respondent. ) ) ) Before: MOORE, GIBBONS, and LARSEN, Circuit Judges. KAREN NELSON MOORE, Circuit Judge. Petitioner Gabino Osorio Medina seeks review of a final order from the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ’s”) decision that Osorio Medina was barred from withholding of removal under both the Immigration and Nationality Act (“INA”) and the Convention Against Torture (“CAT”) and denying his application for deferral of removal under the CAT. Osorio Medina asserts that the BIA denied him due process by (1) denying his second motion for a briefing extension; and (2) failing to adjudicate his motion to compel the Department of Homeland Security (“DHS”) to produce mental-health records. For the reasons that follow, we DENY the petition for review. I. BACKGROUND Osorio Medina is a native and citizen of Mexico. Administrative Record (A.R.) at 266 (Appl. for Asylum & Withholding of Removal). Osorio Medina moved to Houston, Texas, in the early 1970s with his parents and grandparents when he was approximately five years old. A.R. at No. 22-3067, Osorio Medina v. Garland 101–02 (Hr’g Tr. at 36–37). He entered the United States as a legal permanent resident. A.R. at 102 (Hr’g Tr. at 37). In 1994, Osorio Medina was convicted of aggravated assault in Harris County, Texas, and was sentenced to ten years’ incarceration. A.R. at 171 (J. at 1). After his release, Osorio Medina married a U.S. citizen, and they had a child, who is also a U.S. citizen. A.R. at 424 (Marriage License); A.R. at 426 (Birth Certificate); A.R. at 472 (Reasonable Fear Worksheet at 3). In 2008, an IJ entered an order of removal against him, and he was subsequently removed to Mexico. A.R. at 289 (Order of IJ at 1); A.R. at 484 (Notice of Intent/Decision to Reinstate Prior Order). He remained in Mexico for four to six months before returning to the United States because he feared the violence in Mexico. A.R. at 124, 131 (Hr’g Tr. at 59, 66). In 2013, Osorio Medina pleaded guilty to aggravated assault with a deadly weapon in Harris County, Texas, and was sentenced to five years’ incarceration. A.R. at 168 (J. at 1). After serving his sentence, Osorio Medina was taken into Immigration and Customs Enforcement (“ICE”) custody. A.R. at 113 (Hr’g Tr. at 48). He pleaded guilty to illegal reentry in violation of 8 U.S.C. § 1326 and was sentenced to 71 months’ imprisonment. A.R. at 176, 178 (J. at 1, 3). At that time, DHS gave Osorio Medina notice of its intent to reinstate the prior order of removal entered against him in 2008. A.R. at 484 (Notice of Intent/Decision to Reinstate Prior Order). Osorio …
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