Martinez v. Lynch

Martinez was born in Guatemala to a Mexican mother, who left him in Guatemala when she returned to Mexico. She eventually married an American and moved to the U.S. As a teenager, Martinez was a member of a church youth group in Guatemala. He contends that area gangs committed violent acts and threatened violence against individuals who refused to sell drugs. Martinez entered the U.S. in 1999, at age 17, to join his mother. Martinez was issued a Notice to Appear, missed his second immigration hearing, and was ordered removed, in absentia, in 2000. In 2010, Martinez moved to reopen his removal proceedings. The motion was granted after appeal to the BIA. In 2012, the IJ granted Martinez voluntary departure and alternatively ordered removal. Martinez moved to reopen the removal proceedings, after the 90-day deadline (8 U.S.C. 1229a(c)(7)(C)). The IJ found that Martinez failed to show changed country conditions after his hearing to cure the untimeliness. The BIA affirmed and denied reconsideration. The Eighth Circuit affirmed. Martinez failed to “specify the errors of law or fact” in the BIA’s decision affirming denial of his motion to reopen because of his failure to establish changed country conditions, 8 U.S.C. 1229a(c)(6)(C). View "Martinez v. Lynch" on Justia Law