Milton Gonzalez v. Eric Holder, Jr., No. 12-60045 (5th Cir. 2012)
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Case: 12-60045 Document: 00511977538 Page: 1 Date Filed: 09/06/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-60045 Summary Calendar September 6, 2012 Lyle W. Cayce Clerk MILTON GONZALEZ, Petitioner v. ERIC H. HOLDER, JR., U.S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Department of Homeland Security No. A097 518 589 Before DAVIS, BARKSDALE, and ELROD, Circuit Judges. PER CURIAM:* Having reentered the United States illegally after being removed, Milton Gonzalez petitions for review of the Department of Homeland Security s (DHS) order reinstating its 2005 order removing him to Belize. See 8 U.S.C. § 1231(a)(5); 8 C.F.R. § 241.8. Gonzalez challenges the DHS determination that he failed to show he reasonably feared persecution or torture upon returning to Belize because of his political activities and opinions. Because he failed to show a reasonable fear of either, Gonzalez was ineligible to apply for withholding of * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 12-60045 Document: 00511977538 Page: 2 Date Filed: 09/06/2012 No. 12-60045 removal. Ojeda-Terrazas v. Ashcroft, 290 F.3d 292, 296 (5th Cir. 2002) (citing 8 C.F.R. §241.8(e)). Gonzalez contends his due-process right was violated when he was provided inadequate notice of a reasonable-fear review hearing before an immigration judge (IJ). Along that line, aliens have a Fifth Amendment right to due process in reinstatement proceedings. E.g., Ojeda-Terrazas, 290 F.3d at 302. Due-process challenges for such proceedings are reviewed de novo. E.g., De Zavala v. Ashcroft, 385 F.3d 879, 883 (5th Cir. 2004). To prevail, Gonzalez must make an initial showing of substantial prejudice . Id. (internal quotation marks omitted). Gonzalez makes no effort to show the results of the proceeding would have differed had he been provided more time in which to prepare for his appearance before the IJ; nor does he state what additional evidence could have been presented in support of his contention that he had a reasonable fear of returning to Belize. See id.; Ojeda-Terrazas, 290 F.3d at 302. In sum, he has not made the requisite initial substantial-prejudice showing. DENIED. 2
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