Bd. did not err in failing to consider alien’s asylum application, as well as his challenge to reinstatement of his prior stipulated removal order. Alien conceded that name on caption of prior removal order matched his alias name, and alien otherwise failed to challenge prior stipulated removal order within 30 days of its entry. Also, Ct. of Appeals lacked jurisdiction to consider alien’s claim that reinstatement of prior removal order was improper based on claim that reinstatement order was unsigned, and remand on said issue would otherwise be futile since administrative record contained signed reinstatement order. In this respect, alien was subject to reinstated removal order, and thus could not apply for any asylum relief. Bd. also did not err in affirming IJ’s denial of alien’s application for withholding of removal, even though alien argued that return to Mexico would subject him to future persecution, where: (1) alien could only cite to one instance of threat that occurred in Mexico 12 years ago that was unrelated to any statutorily protected ground; and (2) alien’s evidence of generalized crime in Mexico did not show that alien would more likely be targeted for harm.
Federal 7th Circuit Court
Civil Court
Immigration