NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Nos. 19-1158 & 19-2086 JOSE OLVIN CRUZ, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent On Petition for Review of a Final Order of the Board of Immigration Appeals Immigration Judge: Nelson Vargas Padilla (Agency No. A200-120-477) Submitted Under Third Circuit L.A.R. 34.1(a) April 14, 2020 Before: AMBRO, JORDAN and SHWARTZ, Circuit Judges (Opinion filed: April 22, 2020) OPINION * AMBRO, Circuit Judge * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Petitioner Jose Olvin Cruz seeks review of two decisions: (1) a Department of Homeland Security (“DHS”) order reinstating a prior order of removal, and (2) a decision of the Immigration Judge (“IJ”) affirming an asylum officer’s determination that Olvin Cruz did not demonstrate a reasonable fear of persecution or torture that would warrant a full hearing on the merits of his claims for withholding of removal or protection under the Convention Against Torture (“CAT”). No. 19-2086 EOIR A.R. 2, 54. 1 For the reasons stated below, we must deny his petitions for review. I. Facts and Procedural History A. Background Olvin Cruz is a native of Honduras. He entered the United States in 2005 and was apprehended at the border. During an interview with an immigration official, Olvin Cruz expressed no fear of being harmed if he returned to Honduras. He was served with an expedited removal order and removed to Honduras in 2005. Thereafter, Olvin Cruz reentered the United States on an unknown date without being inspected, admitted, or paroled. In 2014, he was convicted for disorderly conduct stemming from a fight in the street. No. 19-2086 DHS A.R. 30. DHS detained Olvin Cruz in December 2018 and reinstated the 2005 order of removal. He then filed a petition for review in No. 19-1158. 1 Four records have been filed for the two consolidated cases. In each case two records were filed—one each from the Executive Office for Immigration Review (“No. 19-2086 EOIR A.R.” and “No. 19-1158 EOIR A.R.”) and from DHS (“No. 19-2086 DHS A.R.” and “No. 19-1158 DHS A.R.”). 2 B. Reinstated Removal Proceedings and Reasonable Fear Interview On March 6, 2019, Olvin Cruz had a reasonable fear interview with an asylum officer, during which he expressed a fear of harm from MS-13 gang members in Honduras. He stated that gang members had not threatened or harmed him but that they had killed three of his relatives. In 2012, gang members killed one of his cousins as the cousin was leaving a bar because of jealousy over a woman. In 2014, another cousin and that cousin’s father, who both worked in a mayor’s office in Honduras, were kidnapped and killed after they shut off the water supply for some gang members in the course of their employment. Olvin Cruz stated that nobody else in his family had been harmed by gangs, but he believed he would be targeted if he returned ...
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