Background
Petitioners Angela Alexandra Reyes Lopez and her daughter, nationals of Guatemala, sought review of Board of Immigration Appeals orders denying their applications for asylum, withholding of removal, and protection under the Convention Against Torture. They also challenged a denial of a motion to reopen removal proceedings.
The court’s reasoning
The court reviewed factual findings for substantial evidence and constitutional claims de novo. It found petitioners did not challenge the agency’s determination that the Guatemalan government could protect them, nor did they challenge the denial of Convention Against Torture protection. The court rejected claims that the agency failed to consider evidence as unsupported by the record. Regarding the motion to reopen, the court found no jurisdiction to review the discretionary denial, except for legal or constitutional error, and found no such error. The court held that the equal protection challenge to the Nicaraguan Adjustment and Central American Relief Act and the Illegal Immigration Reform and Immigrant Responsibility Act was foreclosed by precedent.
What it means going forward
The temporary stay of removal was lifted, and the petitioners’ removal proceedings may proceed.