Background
Petitioners Teresa Agapito Morales and her minor child, natives of Mexico, filed applications for asylum, withholding of removal, and protection under the Convention Against Torture. The Immigration Judge deemed their applications abandoned for failure to submit required biometrics despite being warned at three separate hearings. The Board of Immigration Appeals dismissed their appeal, leading to this petition for review.
The court’s reasoning
The court reviewed the Immigration Judge’s decision for abuse of discretion regarding the abandonment finding and the denial of a continuance. It found that the petitioner was on notice for sixteen months and failed to articulate steps taken to comply. The court also rejected due process claims, noting the petitioner did not raise concerns about legal assistance with the Immigration Judge and failed to show agency error. Additionally, the court affirmed the Board of Immigration Appeals’ rejection of the ineffective assistance of counsel claim due to failure to meet procedural requirements.
What it means going forward
The petition for review is denied, leaving the dismissal of the asylum applications in place. The stay of removal remains in effect until the mandate issues.