Jose Cabrera-Gonzalez v. Eric Holder, Jr.

MEMORANDUM

Jose Everardo Cabrera-Gonzalez (“Cabrera”), a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dis missing his appeal from an immigration judge’s (“IJ”) decision denying his application for withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 (a), and we deny the petition for review.

Cabrera argues that he is eligible for asylum. An alien whose prior deportation order has been reinstated is ineligible for asylum relief. See Ixcot v. Holder, 646 F.3d 1202, 1207 (9th Cir.2011); 8 U.S.C. § 1281 (a)(5). Reinstatement of a prior order of deportation “requires proof that 1) petitioner is an alien, 2) who was subject to a prior removal order, and 3) who illegally reentered the United States.” Morales-Izquierdo v. Gonzales, 486 F.3d 484, 495 (9th Cir.2007).

Cabrera admits in his opening brief that he is an alien who was subject to a prior removal order and that he illegally reentered the United States. Therefore, he is ineligible for asylum relief. See id. at 494 ; Ixcot, 646 F.3d at 1207 .

Although the reinstatement of Cabrera’s prior order of…