Garcia v. Garland, No. 19-60793 (5th Cir. 2022)
Annotate this CaseThe Fifth Circuit denied petitions for review challenging the BIA's orders denying petitioner's motion to reopen. The court concluded that petitioner's arguments regarding the deficiency of his notice to appear are foreclosed by precedent. The court also concluded that petitioner failed to show that the BIA abused its discretion in denying his motion to reopen where the evidence petitioner submitted failed to demonstrate the kind of materially changed country conditions that would warrant an exception to the time limit for motions to reopen. In this case, although petitioner submitted numerous articles and reports, he did not show how any of them, alone or taken together, draw a meaningful comparison between the conditions in Mexico for his asserted social groups at the time of his motion to reopen and those at the time of his removal hearing. Furthermore, a change in personal conditions, petitioner's HIV diagnosis here, cannot alone, without further support from other changed conditions, qualify as changed country conditions. Accordingly, the court did not reach petitioner's claims concerning his eligibility for asylum and withholding of removal.
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