NIETO LOPEZ v. BARR (2019)

United States Court of Appeals, Eighth Circuit.

Celina Aracely NIETO-LOPEZ; Oscar Armando Barahona-Nieto Petitioners v. William P. BARR, Attorney General of the United States Respondent

Celina Aracely Nieto-Lopez Petitioner v. William P. Barr, Attorney General of the United States Respondent

No. 18-1642, No. 18-3163

Decided: October 15, 2019

Before GRUENDER, STRAS, and KOBES, Circuit Judges. Celina Aracely Nieto-Lopez, Pro Se Joseph D. Hardy, Jr., Carl H. McIntyre, Anthony Cardozo Payne, Assistant Director, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for Respondent

[Unpublished]

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.

PER CURIAM.