Rodriguez de Henriquez v. Barr, No. 18-2442 (8th Cir. 2019)Annotate this Case
Petitioners appealed the BIA's denial of their motion to reconsider the IJ's denial of their applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT).
The Eighth Circuit held that circuit precedent, Ali v. Barr, 924 F.3d 983 (8th Cir. 2019), foreclosed petitioners' claim that the IJ lacked jurisdiction over their removal proceedings because the proceedings commenced with notices to appear that did not specify the date or time of their removal hearings. The court also held that the filing of a motion to reconsider does not toll the time for appeal of the underlying order; the BIA did not abuse its discretion in denying the motion to reconsider where the agency applied the proper standard and considered petitioners' contentions; and the BIA did not commit legal error or abuse its discretion when it denied petitioners' motion to reconsider the denial of CAT relief and its analysis of their torture claim was not inconsistent with the court's binding precedent. In this case, there was no evidence that the police official provided evidence to the Mara 18 gang, was aware that this act would result in torture, and thereafter breached his legal responsibility to intervene to prevent such activity.