Martinez Lopez v. Holder
Court of Appeals for the First Circuit
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
- Immigration & Naturalization Service v. DohertySupreme Court of the United States · 1992
- Omari v. HolderCourt of Appeals for the Fifth Circuit · 2009
- CERNABoard of Immigration Appeals · 1991
- Mendez-Barrera v. HolderCourt of Appeals for the First Circuit · 2010
- Maria Angelica Membreno v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
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- Bolieiro v. Holder, Jr.Court of Appeals for the First Circuit · 2013
- Dimova v. Holder, Jr.Court of Appeals for the First Circuit · 2015
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