Luna-Garcia De Garcia v. Barr, No. 15-60526 (5th Cir. 2019)Annotate this Case
The Fifth Circuit denied a petition for review of petitioner's reinstated removal order and the BIA's denial of withholding of removal and protection under the Convention Against Torture (CAT). In regard to petitioner's collateral attack on the underlying 2004 in absentia removal order, the court held that the petition for review of the underlying removal order was not filed within 30 days and therefore the court lacked jurisdiction to consider her collateral attacks.
The court also held that substantial evidence supported the BIA's conclusion that petitioner was not entitled to withholding of removal as her own testimony shows that she was never harmed and that her fear of future harm was speculative. Furthermore, the BIA's denial of CAT protection was also supported by substantial evidence where petitioner failed to show that she would be tortured and that the Guatemalan government would acquiesce in her torture. Finally, the court held that the BIA did not abuse its discretion in denying petitioner's motion to reopen.