Case: 17-60686 Document: 00515651907 Page: 1 Date Filed: 11/25/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 17-60686 November 25, 2020 Lyle W. Cayce LEONILO RETANA LEYVA, Clerk Petitioner, v. WILLIAM P. BARR, U. S. ATTORNEY GENERAL, Respondent. Petition for Review of an Order of the Board of Immigration Appeals No. A209 411 752 Before OWEN, Chief Judge, and JONES and STEWART, Circuit Judges. PER CURIAM:* Leonilo Retana Leyva (Retana) petitions for review of decisions of the Board of Immigration Appeals (BIA) dismissing his appeal of the decision of the Immigration Judge (IJ) ordering Retana’s removal and denying his motion to reopen. We affirm. I On September 7, 2016, Department of Homeland Security (DHS or Government) officer B. Fauble completed a Form I-213 using information *Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 17-60686 Document: 00515651907 Page: 2 Date Filed: 11/25/2020 No. 17-60686 provided by Johnson County Detention Center detainee Leonilo Retana Leyva. The I-213 states that Retana is a citizen and national of Mexico who illegally entered the United States in 2003. That same day, DHS served Retana with a Notice to Appear (NTA) charging him with being illegally present in the United States. Retana appeared pro se before the IJ on September 29, 2016, and October 5, 2016. At those hearings, Retana stated that he understood he was attending immigration proceedings and that he understood his rights as explained to him. However, at both hearings, Retana displayed some confusion as to his situation. At the first hearing, when asked whether he knew the Government was trying to deport him, Retana stated, “I don’t—I didn’t know that. This case—I don’t have to worry about it because I don’t owe anything. The person—the other person is the one that owes everything to the Government.” At the second hearing, when asked the same question, he answered, “no.” Additionally, at both hearings, Retana mentioned that he was experiencing seizures. At the end of the October 5 hearing, the IJ ordered the Government to conduct a competency exam on Retana. At a hearing on October 20, 2016, Retana answered a number of biographical questions. When asked if he knew why he was in immigration proceedings, Retana answered “Yes. The reason is because I have been for a long time already [indiscernible] and I guess that’s why Immigration came for me there.” At that point in the hearing, the IJ determined that Retana understood the nature of the proceedings, but stated that he would continue to determine whether Retana fully appreciated the proceedings. Further conversation with Retana revealed that he was experiencing some confusion. 2 Case: 17-60686 Document: 00515651907 Page: 3 Date Filed: 11/25/2020 No. 17-60686 For example, when the IJ asked Retana whether he believed he was in the United States illegally, Retana answered, Well, ...
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