Francisco Cerna v. Loretta Lynch

MEMORANDUM

Cerna’s motion to stay removal filed on September 16, 2016 (Docket Entry No. 21), is denied as moot.

Francisco Guadalupe Cerna, a native and citizen of El Salvador, petitions for review of the Department of Homeland Security’s (“DHS”) March 12, 2015, order reinstating his October 4, 2006, order of removal, and for review of an immigration judge’s (“IJ”) August 4, 2015, determination under 8 C.F.R. § 1208.31 (a) that he did not have a reasonable fear of persecution or torture and thus is not entitled to relief from his reinstated removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . Our review of the DHS’s reinstatement order is “limited to confirming the agency’s compliance with the reinstatement regulations.” Garcia de Rincon v. DHS, 539 F.3d 1133, 1137 (9th Cir. 2008). We review for substantial evidence the IJ’s findings of fact. Andrade-Garda v. Lynch, 828 F.3d 829 (9th Cir. 2016). We dismiss in part and deny in part the petition for review.

As to the DHS’s order of reinstatement, the DHS did not err in issuing Cerna’s reinstatement order, where the record shows Cerna is an alien, he was subject to a prior order of removal, and he illegally reentered…