The Fifth Circuit has reversed its prior decision and determined that it has jurisdiction to review the agency’s denial of withholding of removal and protection under the Convention against Torture to a non-citizen subject to a reinstatement order, so long as the petition for review is filed within 30 days of the Board of Immigration Appeals’ decision. The opinion also contains an excellent analysis of when threats rise to the level of persecution, and how to articulate sufficient nexus in a “mixed motives” analysis.
The full text of Argueta-Hernandez v. Garland can be found here: https://www.ca5.uscourts.gov/opinions/pub/22/22-60307-CV1.pdf