United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-2109 ___________________________ Jose Luis Mendez-Gomez, also known as Julio Cesar Estrada-Escobar, also known as Jose Aul Torres-Santiago lllllllllllllllllllllPetitioner v. William P. Barr, Attorney General of the United States lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: March 13, 2019 Filed: June 27, 2019 ____________ Before SHEPHERD, ARNOLD, and ERICKSON, Circuit Judges. ____________ SHEPHERD, Circuit Judge. Jose Luis Mendez-Gomez, a citizen of Guatemala, petitions for review of (1) the Department of Homeland Security’s (DHS) reinstatement of a prior order for his removal, and (2) a Board of Immigration Appeals (BIA) decision that affirmed an immigration judge’s (IJ) denial of his applications for withholding of removal and deferral of removal under the Convention Against Torture (CAT) in withholding-only proceedings.1 Having jurisdiction under 8 U.S.C. § 1252(a), we deny the petition. I. Mendez-Gomez, a Guatemalan citizen, unlawfully entered the United States in December 2002. In August 2003, after Mendez-Gomez was convicted of making a false claim of United States citizenship in violation of 18 U.S.C. § 911, an IJ issued a final order of removal. Mendez-Gomez was removed from the United States. He reentered the United States in late 2003, using a fraudulent lawful permanent resident card, or “green card,” to obtain entry through a checkpoint just inside the United States-Mexico border. In July 2017, an Otter Tail County, Minnesota police deputy stopped Mendez- Gomez’s vehicle for an equipment violation. When Mendez-Gomez produced only a Guatemalan passport as identification, the deputy requested immigration assistance. A Border Patrol agent telephoned the deputy and spoke to Mendez-Gomez, who admitted that he had entered the United States roughly 16 years prior and had no documents allowing him to legally remain in the country. Mendez-Gomez claimed he had never been arrested by immigration officials before, but he presented no documentation allowing him to enter or remain in the United States and was taken into immigration custody. Upon entering Mendez-Gomez into the immigration database, Border Patrol agents discovered his prior order of removal. Mendez-Gomez then made a conclusory statement about legally entering the United States, refused to answer any 1 Withholding-only proceedings are “limited to a determination of whether the alien is eligible for withholding or deferral of removal. During such proceedings, all parties are prohibited from raising or considering any other issues, including but not limited to issues of admissibility [and] deportability . . . .” 8 C.F.R. § 1208.2(c)(3)(i). -2- more questions or sign any immigration documents, and requested to speak with his attorney. Subsequently, DHS filed a Notice of Intent/Decision to Reinstate regarding Mendez-Gomez’s prior removal order. Mendez-Gomez checked a box on that form indicating he wished to make a statement contesting the reinstatement, but there is nothing in the administrative record showing that he did so. After Mendez-Gomez indicated that he feared return to Guatemala, the United States Citizenship and Immigration Services conducted a reasonable fear hearing. At this hearing, Mendez-Gomez testified that, in 2001, ...
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