Appellate Case: 21-9558 Document: 010110729151 Date Filed: 08/24/2022 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT August 24, 2022 _________________________________ Christopher M. Wolpert Clerk of Court DIOGENES JASSO BERNAL, Petitioner, v. No. 21-9558 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before TYMKOVICH, Chief Judge, HOLMES and ROSSMAN, Circuit Judges. _________________________________ Diogenes Jasso Bernal, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals (BIA) decision that dismissed his appeal from the denial of his application for deferral of removal under the Convention Against Torture (CAT). The BIA determined that Mr. Bernal failed to show it is more likely than not that he would be tortured by the Jalisco New Generation Cartel (JNGC) * After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Appellate Case: 21-9558 Document: 010110729151 Date Filed: 08/24/2022 Page: 2 upon his return to Mexico with the acquiescence of Mexican authorities. Exercising jurisdiction under 8 U.S.C. § 1252(a)(4), we deny the petition. I. BACKGROUND Mr. Bernal has been entering the United States unlawfully on and off since 1982, when he first arrived as a teenager. In 1996, he was convicted of second- degree robbery in California. Upon completion of his prison sentence in 1998, Mr. Bernal was deported to Mexico. In 2000, he was apprehended while trying to reenter the United States and convicted of illegal reentry. After serving four years in prison, in 2004, Mr. Bernal was deported to Mexico. In 2012, he attempted to reenter the United States and was again convicted of illegal reentry. After serving four years in prison, he was released and deported to Mexico in 2016. Mr. Bernal’s most recent unlawful reentry was later in 2016, when he was once again apprehended while trying to reenter the United States. Mr. Bernal represented himself at his first merits hearing, which took place in California in 2017. He testified that when he was deported to Mexico in 2004, he settled in Sayulita. Sometime in 2007 or 2008, he got into a dispute with a neighbor, whose wife had a brother who was a member of the JNGC. She told her brother— Mario Guerrero—that Mr. Bernal had threatened the family with a gun and abused 1 either Guerrero’s son or nephew. 1 Whether the alleged abuse was perpetrated against Guerrero’s son or nephew is just one of many discrepancies between Mr. Bernal’s testimony and his written declaration. None of these discrepancies, however, …
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