Gustavo Martinez v. Eric H. Holder, Jr.
785 F.3d 1262
| 8th Cir. | 2015Background
- Gustavo Martinez is a Guatemala native and citizen who entered the United States in 1999 at age 17 to join his mother.
- Martinez received a Notice to Appear in 1999; he missed a second hearing and was ordered removed in absentia in 2000.
- Martinez first moved to reopen removal proceedings in 2010, which was granted after an appeal to the BIA.
- An October 2012 IJ hearing granted Martinez voluntary departure or removal to Guatemala; a subsequent 2013 motion to reopen was filed after the 90-day deadline.
- The BIA denied the 2013 motion to reopen for untimeliness and lack of changed country conditions; Martinez then sought reconsideration, which the BIA also denied.
- The district court/Applicable court jurisdiction affirmed the BIA’s determinations, adopting the standard of review for BIA decisions and the abuse-of-discretion standard for reopen/reconsideration motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the motion to reopen was properly denied as untimely and not cured by changed country conditions | Martinez contends changed conditions emerged after October 2012. | BIA found no material change in Guatemala’s conditions and Perez's death did not reflect change. | Yes; untimely and not cured by changed conditions; denial affirmed. |
| Whether Martinez's motion for reconsideration was properly denied for lack of legally sufficient changed conditions evidence | Aunt’s affidavit shows ongoing gang threats tied to Martinez. | Aunt’s statements reflect long-standing conditions; not changed country conditions. | Yes; no error; reconsideration denied. |
Key Cases Cited
- Zhong Qin Zheng v. Mukasey, 523 F.3d 893 (8th Cir. 2008) (relevance of similar conditions at time of hearing; evidence must show change)
- Matul-Hernandez v. Holder, 685 F.3d 707 (8th Cir. 2012) (de novo review on legal determinations with deference to BIA interpretations)
- Sidikhouya v. Gonzales, 407 F.3d 950 (8th Cir. 2005) (abuse of discretion standard for BIA denial of motions to reopen/reconsider)
- Al Milaji v. Mukasey, 551 F.3d 768 (8th Cir. 2008) (abuse of discretion standard for BIA decisions; final agency action)
- Guled v. Mukasey, 515 F.3d 872 (8th Cir. 2008) (agencies’ discretion in finality of removal proceedings)
- INS v. Doherty, 502 U.S. 314 (1992) (finality interest in removal proceedings; delay benefits deportable alien)