Denys Cerritos Martinez v. Loretta E. Lynch

MEMORANDUM

Denys Ernesto Cerritos Martinez appeals the Department of Homeland Security’s (“DHS”) order reinstating removal, and the Immigration Judge’s (“U”) order affirming the negative reasonable fear determination made by an asylum officer. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant the petition for review, vacate both orders, and remand for new proceedings.

1. The record presented on appeal does not contain evidence sufficient to sustain the order reinstating removal. Before reinstating an order of removal, “[t]he immigration officer must obtain the prior order of exclusion, deportation, or removal.” 8 C.F.R. § 241.8 (a)(1). The document the government identifies as Martinez’s prior order of removal is largely illegible, and the date on that document does not match the date listed on the “notice of intent/decision to reinstate prior order.” Because the government has not satisfied the applicable requirements, Martinez is not removable. under the current reinstatement order. See Lin v. Gonzales, 473 F.3d 979, 983 (9th Cir. 2007).

2. As to the reasonable fear determination, the parties agree that the IJ’s one-page, checkbox order does not allow for adequate…