De Leon-Rios v. Blanche – Do It For The Caselaw

Holding: The Ninth Circuit denied the petition for review, affirming the denial of Convention Against Torture protection and excluding new allegations of harm due to failure to exhaust administrative remedies.
Standard: substantial evidence
Vote: The panel unanimously concluded the case was suitable for decision without oral argument.
Practical effect: The petition for review is denied, leaving the Board of Immigration Appeals' order dismissing the appeal from the immigration judge's decision in place.

The United States Court of Appeals for the Ninth Circuit denied a petition for review of a Board of Immigration Appeals order dismissing an appeal from an immigration judge's decision. The court found substantial evidence supported the denial of protection under the Convention Against Torture and held that new allegations of harm were not properly before the court due to failure to exhaust administrative remedies.

Background

Dimas De Leon-Rios, a native and citizen of Mexico, petitioned pro se for review of a Board of Immigration Appeals order dismissing his appeal from an immigration judge’s decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture.

The court’s reasoning

The court reviewed the agency’s factual findings for substantial evidence and constitutional claims de novo. It declined to address the waiver of review regarding the particularly serious crime conviction. The court found substantial evidence supported the denial of deferral of removal under the Convention Against Torture because the petitioner failed to show it was more likely than not he would be tortured if returned to Mexico. Claims regarding due process failed for lack of prejudice as the petitioner was ineligible for a waiver. New allegations of harm were not properly before the court because they were not raised before the Board of Immigration Appeals. The court also declined to address the challenge to the motion to reopen as it was not properly before the court.

What it means going forward

The petition for review is denied, leaving the Board of Immigration Appeals’ order dismissing the appeal from the immigration judge’s decision in place.