Case: 18-13136 Date Filed: 10/01/2019 Page: 1 of 11 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-13136 Non-Argument Calendar ________________________ Agency No. A207-160-712 ERICK ALAN CRUZ-VALDEZ, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (October 1, 2019) Before MARTIN, JILL PRYOR, and ANDERSON, Circuit Judges. PER CURIAM: Case: 18-13136 Date Filed: 10/01/2019 Page: 2 of 11 Erick Cruz-Valdez petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the immigration judge’s removal order. After careful consideration, we deny his petition for review. I. Erick Cruz-Valdez is a 27-year old native and citizen of Mexico who arrived in the United States when he was fifteen years old. He earlier received Deferred Action for Childhood Arrivals (“DACA”) protection. However, Cruz-Valdez’s DACA status was revoked after he was arrested on September 17, 2017, for driving under the influence. The day after his arrest, the Department of Homeland Security (“DHS”) served him with a Notice to Appear (“NTA”), charging him with being removable for staying in the United States without admission or parole and for lacking a valid visa or other entry document at the time of his application for admission. The NTA ordered him to appear at an address “to be set” and at a date and time “to be set.” Cruz-Valdez refused to sign the NTA. The Executive Office for Immigration Review eventually sent Cruz-Valdez a Notice of Hearing on October 3, 2017, which notified him that his hearing would take place in Pompano Beach, Florida at 8:00 AM on October 5, 2017. Cruz-Valdez, represented by counsel, appeared before the immigration judge (“IJ”) on October 5, 2017. Counsel acknowledged proper service of the NTA and made no mention of the missing date, time, and location on the form. Counsel also 2 Case: 18-13136 Date Filed: 10/01/2019 Page: 3 of 11 conceded Cruz-Valdez was removable as charged. The hearing was continued, so counsel could procure Cruz-Valdez’s arrest records for driving under the influence. Two weeks later, Cruz-Valdez appeared at his hearing with a different attorney from the same law firm. Counsel again acknowledged proper service of the NTA and conceded Cruz-Valdez was removable as charged. Counsel informed the IJ that Cruz-Valdez intended to pursue withholding of removal and protection under the Convention Against Torture. The IJ ordered proceedings continued to give Cruz-Valdez some time to prepare his applications for relief. On November 9, 2017, Cruz-Valdez, represented by new counsel, requested and received two additional weeks to continue filling out his applications. He explained to the IJ that he terminated his previous counsel because he “tried to communicate with them,” but they “never answer[ed] the phone.” Proceedings were continued several more times after that. Cruz-Valdez’s final merits hearing was eventually scheduled for January 31, 2018, on his application for cancellation of removal. He did not submit an application for asylum, withholding of removal, or CAT withholding. On the day of the ...
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