Francisca Lopez-Lopez; Mateo Eleodoro Lopez-Lopez v. Todd Blanche, Acting Attorney General of the United States
May 5, 2026·25-2699·Panel Decision·By Raj Patel
The Eighth Circuit dismissed a petition for review of an immigration order because the petitioners failed to exhaust administrative remedies. The court held that the petitioners did not meaningfully challenge key determinations regarding nexus and government protection before the Board of Immigration Appeals.
Francisca Lopez-Lopez and her son Mateo Eleodoro Lopez-Lopez sought asylum and withholding of removal. An immigration judge denied their claims, finding they failed to demonstrate the required nexus and that the Guatemalan government was unable or unwilling to protect them. The Board of Immigration Appeals dismissed their appeal, deeming them to have waived review of those determinations for failing to meaningfully challenge them.
The court’s reasoning
The court agreed with the government that the petitioners failed to exhaust their administrative remedies. Although the petitioners challenged the cognizability of their proposed particular social groups, they did not challenge the separate nexus finding or the determination regarding government protection. Because these issues independently disposed of the claims, the Board of Immigration Appeals did not err by declining to address other arguments.
What it means going forward
The dismissal reinforces the strict application of the exhaustion requirement in immigration appeals, requiring counsel to specifically present all arguments to the Board of Immigration Appeals to preserve them for judicial review.
