Lopez-Mendez v. Holder, Jr., No. 12-1510 (8th Cir. 2012)
Annotate this CasePetitioner, a native and citizen of Guatemala, petitioned for review of the BIA's dismissal of his appeal of the IJ's denial of his application for asylum and withholding of removal, as well as his motion to reopen his removal proceedings. Because petitioner did not file a timely petition in the court to review the BIA's initial order in his case, the court's jurisdiction was limited to review of the BIA's order denying the petition to reopen the asylum proceedings. Because the letters at issue did not undermine the BIA's initial determination that petitioner failed to establish a well-founded fear of persecution based upon an enumerated ground for relief, the BIA did not abuse its discretion in deciding that petitioner failed to satisfy his heavy evidentiary burden to reopen the removal proceedings. The court rejected petitioner's remaining claim and affirmed the judgment.
Court Description: Petition for Review - Immigration. The BIA did not abuse its discretion by declining to reopen petitioner's proceedings, and the court lacked jurisdiction to review BIA's earlier determinations as petitioner did not seek timely review of the decisions.
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