REYES v. WHITAKER (2019)

United States Court of Appeals, Eighth Circuit.

Danis Flaudia REYES Petitioner v. Matthew G. WHITAKER, Acting Attorney General of the United States of America Respondent

No. 17-3707

Decided: February 07, 2019

Before BENTON, BOWMAN, and STRAS, Circuit Judges.

Allan Harvey Bell, Allan H. Bell & Associates, Kansas City, MO, for Petitioner Surell Brady, Trial Attorney, Timothy G. Hayes, Trial Attorney, Carl H. McIntyre, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for Respondent

[Unpublished]

Guatemalan citizen Danis Flaudia Reyes petitions for review of an order of the Board of Immigration Appeals (BIA) denying her motion to reopen her removal proceedings.

After careful review, we conclude that the BIA’s denial was not an abuse of its discretion. See Khrystotodorov v. Mukasey, 551 F.3d 775, 785 (8th Cir. 2008) (standard of review); 8 C.F.R. § 1003.2(c)(1) (“A motion to reopen proceedings shall not be granted unless it appears to the Board that evidence sought to be offered is material and was not available and could not have been discovered or presented at the former hearing․”). We deny the petition.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law