NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ____________ No. 21-2135 ____________ WILSON FLORES-JIMENEZ, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A215-663-864) Immigration Judge: Jason L. Pope Argued on March 29, 2022 Before: RESTREPO, ROTH and FUENTES, Circuit Judges (Opinion filed: May 2, 2023) Pina Cirillo (ARGUED) Leena A. Khandwala Rutgers University of Law Immigrant Rights Clinic 123 Washington Street 4th Floor Newark, NJ 07102 Counsel for Petitioner David Schor (ARGUED) Christin N. Whitacre United States Department of Justice Office of Immigration Litigation P.O. Box 878 Ben Franklin Station Washington, DC 20044 Counsel for Respondent O P I N I ON * ROTH, Circuit Judge: Wilson Flores Jimenez seeks review of a June 2, 2021, decision by the Board of Immigration Appeals (BIA). Because the BIA, and the Immigration Judge (IJ) before it, had properly considered all the relevant evidence and we cannot reweigh this evidence, we will deny the petition for review. I. Flores Jimenez is a citizen of the Dominican Republic. He entered the United States in 1999 without being admitted or paroled by an immigration officer. In 2018, he was arrested for criminal mischief, burglary, and contempt related to violation of a domestic violence order. The Department of Homeland Security (DHS) encountered him at a correctional center and issued a Notice to Appear, charging him as removable under * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. 2 8 U.S.C. § 1182(a)(6)(A)(i). On January 7, 2020, Flores Jimenez appeared with counsel before an IJ and requested a hearing to assess his mental competency. The IJ held a mental-competency hearing at which he explained the nature of the proceedings to Flores Jimenez, who confirmed, in his own words, that he understood why he was there. He also confirmed that he understood his right to retain counsel and to present evidence. The IJ heard testimony from Dr. Mihaela Dranoff, who conducted Flores Jimenez’s psychological evaluation, confirming that Flores Jimenez suffered from acute stress disorder and suggested that his condition may have progressed to Post- Traumatic Stress Disorder. At the conclusion of that hearing, the IJ found that Flores Jimenez was competent to proceed. Alternatively, the IJ found that, even if he were not mentally competent, sufficient safeguards existed because he was represented by an attorney. At a June 17, 2020, hearing, Flores Jimenez explained that he intended to seek asylum, withholding of removal, protection under the Convention Against Torture (CAT), and cancellation of removal for certain nonpermanent residents. He submitted applications for that relief and protection on July 7, 2020. During his September 14, 2020, removal hearing, Flores Jimenez asserted that changed circumstances excused his time-barred asylum application: his mental illness had only recently emerged and resulted in his institutionalization. He testified in support of his claims, discussed his birth abroad, his five daughters (three living in the …
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