Mazariegos v. Holder, No. 14-1431 (1st Cir. 2015)Annotate this Case
After his arrest on state charges, Petitioner, a native and citizen of Guatemala, was placed in removal proceedings. Petitioner filed an adjustment of statute application and also applied for a waiver, claiming hardship to his lawfully admitted parents and citizen wife and step-daughter. An immigration judge (IJ) concluded that a favorable exercise of discretion was warranted and granted Petitioner’s waiver and adjustment of status applications. The Board of Immigration Appeals (BIA) disagreed with the IJ, concluding that Petitioner was not entitled to a discretionary waiver. Petitioner did not seek review of that decision. Petitioner later petitioned the BIA to reopen the proceedings based on new evidence. The BIA denied the motion. The First Circuit affirmed, holding that the BIA’s denial of the motion to reopen was not an abuse of discretion.