Background
Mateo Rodriguez-Pardo, a native and citizen of Colombia, petitioned for review of the Board of Immigration Appeals order dismissing his appeal from an immigration judge decision. The immigration judge had denied his applications for asylum, withholding of removal, and protection under the Convention Against Torture, as well as his motion to reopen.
The court’s reasoning
The court reviewed the agency’s factual findings for substantial evidence and the denial of the motion to reopen for abuse of discretion. It found the petitioner did not challenge the determinations regarding asylum or Convention Against Torture protection. The court held that the petitioner failed to show error or prejudice regarding the due process claim about severing his case from his mother’s. Additionally, the court found no abuse of discretion in denying the motion to reopen based on ineffective assistance of counsel because the petitioner failed to show prejudice. Claims regarding the failure to request prosecutorial discretion or explore Special Immigrant Juvenile Status were not addressed as they were not challenged. The court also noted it does not adjudicate bond or custody status through a petition for review.
What it means going forward
The petition for review is denied, and the motion to stay removal is denied, leaving the immigration judge’s denial of relief in place.