Background
Jose Humberto Lopez Aguilar, a citizen of Mexico, petitioned for review of a Board of Immigration Appeals order dismissing his appeal. He argued the Board abused its discretion by failing to consider its sua sponte authority to reopen proceedings and raised due process concerns regarding changed circumstances.
The court’s reasoning
The court noted that in Bartolome v. Sessions, error was found only when an immigration judge affirmatively concluded it lacked jurisdiction to reopen, which did not occur here. The Board dismissed the appeal because the brief did not establish clear error or explain the failure to notify the courts of a changed address. Regarding due process, the court stated that to prevail, a petitioner must show error and substantial prejudice, and the court will not presume prejudice. The petitioner did not intelligibly explain what error and substantial prejudice occurred.
What it means going forward
The petition for review is denied, leaving the Board of Immigration Appeals order dismissing the appeal in place.
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