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Keywords

appealhearingmotionwillparoleasylumnaturalization
appealhearingmotionwillparoleasylumnaturalization

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Lopez-Mendez v. Holder

Facts

Lopez-Mendez, a native and citizen of Guatemala, entered the United States without being admitted or paroled in 2000. In 2003, the United States Immigration and Naturalization Service (INS) charged Lopez-Mendez with removability under Immigration and Nationality Act 212(a)(6)(A)(i). Lopez-Mendez sought asylum and withholding of removal based on threats he claimed he received from gang members or former guerillas in Guatemala seeking to coerce him into joining their gang.

Lopez-Mendez, a native and citizen of Guatemala, entered the United States without being admitted or paroled in 2000. In 2003, the United States Immigration and Naturalization Service (INS) charged Lopez-Mendez with removability under Immigration and Nationality Act 212(a)(6)(A)(i). Lopez-Mendez sought asylum and withholding of removal based on threats he claimed he received from gang members or former guerillas in Guatemala seeking to coerce him into joining their gang.

Issue

Whether the BIA abused its discretion in denying Lopez-Mendez's motion to reopen his removal proceedings.

Whether the BIA abused its discretion in denying Lopez-Mendez's motion to reopen his removal proceedings.

Rule

A motion to reopen proceedings shall state the new facts that will be proven at a hearing to be held if the motion is granted and shall not be granted unless the evidence sought to be offered is material and was not available and could not have been discovered or presented at the former hearing.

A motion to reopen proceedings shall state the new facts that will be proven at a hearing to be held if the motion is granted and shall not be granted unless the evidence sought to be offered is material and was not available and could not have been discovered or presented at the former hearing.

Analysis

The court found that the BIA did not abuse its discretion in declining to reopen Lopez-Mendez's proceedings. The BIA was entitled to rely on the explanation in the first letter that the threats stemmed from Lopez-Mendez's refusal to join the gang and could reject his proposed alternative explanation. The letters did not undermine the BIA's initial determination that Lopez-Mendez failed to establish a well-founded fear of persecution based upon an enumerated ground for relief.

The court found that the BIA did not abuse its discretion in declining to reopen Lopez-Mendez's proceedings. The BIA was entitled to rely on the explanation in the first letter that the threats stemmed from Lopez-Mendez's refusal to join the gang and could reject his proposed alternative explanation. The letters did not undermine the BIA's initial determination that Lopez-Mendez failed to establish a well-founded fear of persecution based upon an enumerated ground for relief.

Conclusion

The petition seeking review of the denial of asylum and withholding of removal, and the dismissal of the appeal, was dismissed. The petition for review of the denial of the motion to reopen was denied.

The petition seeking review of the denial of asylum and withholding of removal, and the dismissal of the appeal, was dismissed. The petition for review of the denial of the motion to reopen was denied.

Who won?

The BIA prevailed in the case because the court found no abuse of discretion in its decision to deny the motion to reopen.

The BIA prevailed in the case because the court found no abuse of discretion in its decision to deny the motion to reopen.

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