Alva-Arellano v. Lynch, No. 14-2957 (8th Cir. 2016)
Annotate this CasePetitioner, a native and citizen of Mexico, petitioned for review of the BIA's decision dismissing his appeal from an order of removal. The court held that the IJ did not commit a fundamental error by failing to inform petitioner about asylum or other possible avenues of relief. Therefore, petitioner's due process argument fails because he has not shown that the IJ committed a fundamental procedural error. The court further held that the BIA did not abuse its discretion by refusing to reopen or remand the case because the evidence was previously discoverable and because petitioner points to no other reason why he could not have found the evidence through the exercise of due diligence. Accordingly, the court denied the petition for review.
Court Description: Gruender, Author, with Colloton and Shepherd, Circuit Judges] Petition for Review - Immigration. Under the circumstances presented, the IJ did not commit a fundamental error by failing to inform petitioner about asylum or other possible avenues of relief, and there was no due process violation; the BIA did not abuse its discretion by dismissing petitioner's appeal instead of reopening proceedings and remanding the matter because petitioner failed to show the evidence he presented in support of the motion to reopen was previously unavailable.
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