Gomez v. Lynch, No. 14-60661 (5th Cir. 2016)
Annotate this CasePetitioner, a citizen of El Salvador, seeks review of the BIA's decision affirming the IJ's conclusion that petitioner had not established a lawful admission and that, even if he had, it would not matter because expiration of his temporary residency canceled any effect that the admission would have had. The court concluded that petitioner failed to carry his burden of showing that he was admitted to the United States in 1993. Therefore, the court affirmed the BIA's ruling that petitioner did not demonstrate that he was lawfully admitted and is therefore ineligible for an adjustment of status. Furthermore, the BIA did not err in denying petitioner's motion to reopen based on the ineffective assistance of prior counsel because petitioner has not shown that his evidence was so overwhelming that the BIA’s continued disbelief in his factual assertions was arbitrary, capricious, or utterly unreasonable. Accordingly, the court denied the petition for review because the BIA did not err in rejecting petitioner's initial appeal or his motion to reopen.
The court issued a subsequent related opinion or order on August 5, 2016.
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