Appellate Case: 22-9503 Document: 010110835474 Date Filed: 03/30/2023 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT March 30, 2023 _________________________________ Christopher M. Wolpert Clerk of Court MOREES MURQUS HARMEZ, Petitioner, v. No. 22-9503 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before HARTZ, KELLY, and BACHARACH, Circuit Judges. _________________________________ Morees Murqus Harmez petitions for review of the Board of Immigration Appeals (Board) order denying his motion to reopen his removal proceedings. Exercising jurisdiction under 8 U.S.C. § 1252(a)(1), we deny his petition for review.1 * After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. 1 Our jurisdiction to review “final order[s] of removal,” 8 U.S.C. § 1252(a)(1), encompasses appeals from the Board’s denial of a motion to reopen a removal proceeding. See Mata v. Lynch, 576 U.S. 143, 147 (2015); Infanzon v. Ashcroft, 386 F.3d 1359, 1361 (10th Cir. 2004). Appellate Case: 22-9503 Document: 010110835474 Date Filed: 03/30/2023 Page: 2 I. Background Petitioner is a native and citizen of Iraq. He was admitted to the United States as a Chaldean Christian refugee in 2008 and was granted lawful permanent resident status. In 2016, the government charged him as removable based on his 2015 conviction of a drug offense in Utah state court. See 8 U.S.C. § 1227(a)(2)(A)(iii) (providing that aliens convicted of an aggravated felony are deportable). Petitioner appeared at the October 2016 hearing pro se and admitted the factual allegations against him. The Immigration Judge (IJ) advised him that he could seek protection under the Convention Against Torture (CAT) and avoid removal if he showed it was more likely than not that he would be tortured based on his religion with the instigation, consent, or acquiescence of an Iraqi official. He told the IJ he feared being tortured if returned to Iraq but said he did not have any evidence or witnesses. The IJ explained the types of evidence he could submit to support a CAT claim and offered to continue the hearing so he could prepare an application, but he said “he did not want to apply.” R. at 280. The IJ then found him removable as charged and ordered him removed to Iraq. He waived his right to appeal. Between 2017 and 2021, Petitioner filed four motions to reopen, which were all denied.2 The second and third motions, which were based on an alleged change in 2 Petitioner filed the first motion to reopen before the IJ. See 8 C.F.R. …
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