Background
Petitioners Angela Alexandra Reyes Lopez and her daughter, citizens of Guatemala, sought review of Board of Immigration Appeals orders. One petition challenged the denial of asylum, withholding of removal, and protection under the Convention Against Torture. The second petition challenged the 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. For the motion to reopen, the court lacked jurisdiction to review the discretionary denial, except for legal or constitutional error, which it found none. The court rejected contentions that the agency failed to consider evidence or discuss reasoning. 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 prior case law.
What it means going forward
The temporary stay of removal was lifted, and the motion to stay removal was denied, allowing removal proceedings to proceed.