Lopez v. Holder, No. 12-2261 (1st Cir. 2013)
Annotate this CasePetitioner, a native and citizen of Mexico, lawfully entered the United States as a visitor but overstayed his visit. Petitioner later conceded removability and sought relief in the form of asylum and withholding of removal (WOR). An immigration judge (IJ) found that Petitioner was ineligible for asylum and for WOR. The Board of Immigration Appeals (BIA) affirmed, finding, among other things, that Petitioner had failed to show that he was targeted in the past or that there was a clear probability he would be targeted in the future on account of a protected ground for WOR. Petitioner subsequently filed a motion to reopen his removal proceedings, which the BIA denied. The First Circuit Court of Appeals denied Petitioner's petition for review, holding that the BIA was within its discretion in finding that Petitioner untimely filed his motion and that none of the exceptions to the deadline applied.
The court issued a subsequent related opinion or order on July 18, 2013.
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