Background
Petitioner Rafael Hull-Jusaino, a native and citizen of Mexico, sought review of a Board of Immigration Appeals decision dismissing his appeal. The Immigration Judge had determined that Hull-Jusaino abandoned his applications for asylum, withholding of removal, and protection under the Convention Against Torture. This determination was based on his failure to submit biometrics as required by governing regulations. Hull-Jusaino was served biometrics instructions at a hearing in October of two thousand and nineteen and received a scheduling order warning that failure to comply could result in abandonment of the application.
The court’s reasoning
The court reviewed the Immigration Judge’s decision for abuse of discretion. The governing regulation states that failure to file necessary documentation and comply with biometrics requirements within the time allowed constitutes abandonment unless the applicant demonstrates good cause. The court found that Hull-Jusaino had been on notice of the requirement for fourteen months and did not request a continuance. The court rejected Hull-Jusaino’s argument that the COVID-19 pandemic constituted good cause, noting that the biometrics were due largely prior to pandemic-related closures. The court also noted that the petitioner’s claim that the Department of Homeland Security already possessed his fingerprints overlooked other administrative requirements such as a photograph and signature. Additionally, the court declined to consider an equitable tolling argument because Hull-Jusaino failed to exhaust that argument as required by statute.
What it means going forward
The petition for review is denied, and the stay of removal will dissolve upon the issuance of the mandate. The dismissal of the asylum application for abandonment stands.