Background
Petitioners Kevin Gonzalez-Manzo, his wife, and their minor child sought review of a Board of Immigration Appeals order denying their motion to reopen removal proceedings. They based their motion on alleged changed country conditions in Guatemala. The petitioners had previously had their claims for asylum, withholding of removal, and Convention Against Tort protection found meritless by the Board and a prior panel of this court.
The court’s reasoning
The court reviewed the denial of the motion to reopen for abuse of discretion and the factual findings for substantial evidence. To prevail, petitioners must produce evidence of changed conditions, show the evidence is material, demonstrate it was not available at the prior hearing, and show it would establish eligibility for relief. The court found the evidence submitted was undated, immaterial, predated the 2021 hearing, or described conditions similar to those existing at that time. Consequently, the Board’s denial was not arbitrary, irrational, or contrary to law.
What it means going forward
The petition for review is denied, and the Board of Immigration Appeals order denying the motion to reopen remains in effect. The petitioners’ opposed motion to stay removal pending appeal is also denied.