Appellate Case: 21-9524 Document: 010110610909 Date Filed: 11/29/2021 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT November 29, 2021 _________________________________ Christopher M. Wolpert Clerk of Court JOSE GUADALUPE CADENAS-CAMPUZANO, Petitioner, v. No. 21-9524 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT† _________________________________ Before PHILLIPS, BALDOCK, and BRISCOE, Circuit Judges. _________________________________ Petitioner Jose Guadalupe Cadenas-Campuzano, a native and citizen of Mexico, seeks review of an immigration judge’s (“IJ”) decision concurring with a Department of Homeland Security (“DHS”) asylum officer’s finding that Cadenas-Campuzano did not have a reasonable fear of persecution or torture Pursuant to Fed. R. App. P. 43(c)(2) Merrick B. Garland is substituted for William P. Barr, former Attorney General, as a respondent in this matter. † 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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.Error! Main Document Only. Appellate Case: 21-9524 Document: 010110610909 Date Filed: 11/29/2021 Page: 2 following the reinstatement of his prior removal order. Exercising jurisdiction under 8 U.S.C. § 1252, we DENY Cadenas-Campuzano’s petition for review. I In 1996, Cadenas-Campuzano was admitted to the United States as a lawful permanent resident. DHS Certified Administrative Record (“DHS AR”) at 44. In 1999, he was convicted of sale or transportation of a controlled substance (methamphetamine) in violation of California Penal Code § 11379(a) and was sentenced to two years’ confinement. Id. In February of 2001, DHS initiated removal proceedings against Cadenas-Campuzano by serving him a Notice to Appear (“NTA”). Id. at 43–44. In the NTA, DHS charged Cadenas-Campuzano with removability under 8 U.S.C. § 1227(a)(2)(B)(i) (violation of a law related to a controlled substance), 8 U.S.C. § 1227(a)(2)(A)(iii) (aggravated felony conviction), and 8 U.S.C. § 1227(a)(2)(A)(i) (crime involving moral turpitude within five years of admission). Id. On March 5, 2001, an IJ ordered Cadenas-Campuzano removed from the United States to Mexico. Id. at 38. Later that same day, Cadenas-Campuzano was physically removed to Mexico. Id. at 5. Approximately two days after his removal, he illegally reentered the United States. Id. at 20–21. On January 28, 2021, DHS served Cadenas-Campuzano with a Form I-871 Notice of Intent/Decision to Reinstate Prior Order. Id. at 34. He declined to sign the Form I-871 and indicated that he did not wish to make a statement contesting DHS’s determination. Id. at 7–10, 34. DHS issued a decision reinstating the March 5, 2001 2 Appellate Case: 21-9524 Document: 010110610909 Date Filed: 11/29/2021 Page: 3 removal order against him. Id. at 34. When he expressed a fear of …
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