PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 19-3550 DAVID CASTILLO ROMERO, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA On Petition for Review of an Order of the U.S. Department of Justice Executive Office for Immigration Review Immigration Court (Immigration Court No.: A201-067-060) Immigration Judge: Alice S. Hartye Submitted under Third Circuit L.A.R. 34.1(a) July 2, 2020 (Opinion Filed: August 25, 2020) Before: GREENAWAY, JR., SHWARTZ, and RENDELL, Circuit Judges Sandra L. Greene Greene Fitzgerald Advocates and Consultants 2575 Eastern Boulevard Suite 208 York, PA 17402 Counsel for Petitioner Anthony C. Payne United States Department of Justice Office of Immigration Litigation P.O. Box 878 Washington, DC 20044 Kathleen K. Volkert United States Department of Justice Office of Immigration Litigation LSB 10234 P.O. Box 878 Washington, DC 20044 Counsel for Respondent O P I N I O N RENDELL, Circuit Judge. 2 David Castillo Romero (“Romero”) petitions for review of an Immigration Judge’s (“IJ”) determination that Romero was not entitled to relief from reinstatement of his prior removal order. The IJ affirmed the asylum officer’s determination that Romero did not have a reasonable fear of torture as required for relief under the Convention Against Torture (“CAT”) or a reasonable fear of persecution as required for withholding of removal. Although the government argues that we should review the IJ’s decision under the “facially legitimate and bona fide reason” standard, we will instead look to whether the IJ’s determinations are supported by substantial evidence. We find that they are. We will therefore deny Romero’s petition for review. I Romero is a native and citizen of Mexico. DHS Administrative Record (“D.A.R.”) at 28. In 2011, Romero sought admission to the United States at an airport in Houston, Texas. Id. Relying on a fraudulent United States passport, he claimed to be a United States citizen. Id. DHS issued a Notice and Order of Expedited Removal to Romero under 8 U.S.C. § 1225(b)(1), charging him with inadmissibility on three grounds: under 8 U.S.C. § 1182(a)(6)(C)(i) as an alien who by fraud or willfully misrepresenting a material fact sought admission to the United States; under 8 U.S.C. § 1182(a)(6)(C)(ii) as an alien who falsely represented himself as a United States citizen; and under 8 U.S.C. § 1182(a)(7)(A)(i)(I) as an alien who at the time of his application for admission was not in possession of a valid entry document. Id. at 10-11. Romero was eventually removed to Mexico. Executive Office for Immigration Review Administrative Record (“E.A.R.”) at 125. 3 In July 2013, Romero reentered the United States. Id. DHS issued to Romero a Notice of Intent/Decision to Reinstate Prior Order pursuant to 8 U.S.C. § 1231(a)(5), reinstating Romero’s removal order from 2011. Id. Romero was then removed to Mexico. Id. In September 2013, Romero reentered the United States again. Id. at 124. Romero evaded immigration officials for almost six years until July 24, 2019. Id. DHS again issued to Romero a Notice of Intent/Decision to Reinstate Prior Order under 8 U.S.C. § 1231(a)(5), ...
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