The Eighth Circuit has dismissed for lack of jurisdiction a petition for review filed by a Mexican woman challenging an immigration judge's affirmance of an asylum officer's negative reasonable fear determination, which barred her from pursuing withholding-only proceedings after her prior removal order was reinstated.
The Court held that a decision finding no reasonable fear neither concludes that the noncitizen is deportable nor disturbs the validity of the underlying reinstated removal order, so it does not merge into or constitute a final order of removal reviewable under 8 U.S.C. § 1252(a)(1). The Court expressly disagreed with a contrary Third Circuit majority decision and noted that the petitioner had chosen not to separately petition for review of the reinstatement order itself.
The full text of Sebastian-Perez v. Blanche can be found here: https://ecf.ca8.uscourts.gov/opndir/26/09/251691P.pdf