Celina Nieto-Lopez v. William P. Barr

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 15, 2019
• Docket: 18-1642
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-1642 ___________________________

Celina Aracely Nieto-Lopez; Oscar Armando Barahona-Nieto

lllllllllllllllllllllPetitioners

v.

William P. Barr, Attorney General of the United States

lllllllllllllllllllllRespondent ___________________________

No. 18-3163 ___________________________

Celina Aracely Nieto-Lopez

lllllllllllllllllllllPetitioner

lllllllllllllllllllllRespondent ____________

Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: October 4, 2019 Filed: October 15, 2019 [Unpublished] ____________

Before GRUENDER, STRAS, and KOBES, Circuit Judges. ____________

PER CURIAM.

In these consolidated matters, Salvadoran citizens Celina Nieto-Lopez (Nieto) and her son, Oscar Armando Barahona-Nieto (collectively, Petitioners) petition for review of an order of the Board of Immigration Appeals (BIA) which dismissed their appeal from the decision of an immigration judge (IJ) denying them asylum, withholding of removal, and protection under the Convention Against Torture (CAT) (Appeal No. 18-1642). Nieto also individually petitions for review of a BIA order denying Petitioners’ motion to reopen proceedings (Appeal No. 18-3163).

Upon careful consideration, we find no basis for reversal. We conclude that Petitioners’ due process claim lacks merit, see Alva-Arellano v. Lynch, 811 F.3d 1064, 1066 (8th Cir. 2016) (standard of review; to establish due process violation, alien must show a fundamental procedural error and prejudice); and that there was no abuse of discretion in the BIA’s denial of the motion to reopen, see Vargas v. Holder, 567 F.3d 387, 391 (8th Cir. 2009) (standard of review).

The petitions for review are denied. See 8th Cir. R. 47B. ______________________________

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