Mendez-Gomez v. Barr

The Eighth Circuit denied a petition for review of DHS's reinstatement of a prior order for petitioner's removal and the BIA's decision affirming the IJ's denial of his applications for withholding of removal and deferral of removal under the Convention Against Torture (CAT).The court held that it lacked jurisdiction to review the reinstatement of the prior removal order because the issue was not exhausted; petitioner failed to show prejudice and could not succeed on his claim that DHS violated his due process rights by continuing to interrogate him without his attorney present; and petitioner failed to exhaust his administrative remedies regarding his claims for withholding of removal and protection under the CAT. In this case, petitioner failed to make a showing that the Guatemalan government would be unable or unwilling to protect him from a loan shark, and petitioner failed to make any meaningful argument to the BIA regarding his CAT claim. View "Mendez-Gomez v. Barr" on Justia Law