Legal Opinion

Martinez Lopez v. Holder

Court of Appeals for the First Circuit

Decided January 4, 2013No. 12-1121PublishedCited by 17 opinions

1Opinion of the Court

SELYA, Circuit Judge.

This petition for judicial review poses a question of first impression in this circuit: may an alien whose application for withholding of removal has been denied by the Board of Immigration Appeals (BIA) proffer, as the basis for a motion to reconsider, a ground for relief which, though previously available, was not previously asserted? The BIA answered this question in the negative, and so do we.

The petitioner, Jesus Ariste Martinez-Lopez, is a Salvadoran national who entered the United States without inspection in 2004. Approximately three years later, the Department of…

2Cases cited13 opinions

  1. Immigration & Naturalization Service v. DohertySupreme Court of the United States · 1992
  2. Omari v. HolderCourt of Appeals for the Fifth Circuit · 2009
  3. CERNABoard of Immigration Appeals · 1991
  4. Mendez-Barrera v. HolderCourt of Appeals for the First Circuit · 2010
  5. Maria Angelica Membreno v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005

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3Cited by17 opinions

  1. Agyei v. HolderCourt of Appeals for the First Circuit · 2013
  2. Boston Redevelopment Authority v. National Park ServiceCourt of Appeals for the First Circuit · 2016
  3. Lidia Ramirez v. Jefferson B. Sessions, IIICourt of Appeals for the Eighth Circuit · 2018
  4. Bolieiro v. Holder, Jr.Court of Appeals for the First Circuit · 2013
  5. Dimova v. Holder, Jr.Court of Appeals for the First Circuit · 2015

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