Santos Garcia v. Garland, No. 22-1535 (1st Cir. 2023)
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The First Circuit denied Petitioner's petition for review of the decision of the Board of Immigration Appeals (BIA) affirming the immigration judge's (IJ) denial of his applications for asylum and withholding of removal under sections 208(b)(1)(A) and 241(b)(3)(A) of the Immigration and Nationality Act, holding that Petitioner was not entitled to relief on his claims of error.
Petitioner, a Guatemalan citizen, entered the United States illegally in 2016. After DHS charged him with being subject to removal Petitioner filed applications for asylum, withholding of removal, and protection under the Convention Against Torture. The IJ denied relief from removal, and the BIA affirmed. The First Circuit denied in part and dismissed in part Petitioner's petition for review, holding (1) Petitioner's unexhausted claim must be dismissed for lack of jurisdiction; and (2) substantial evidence supported the BIA's determination, and the agency committed no errors of law in that ruling.
The court issued a subsequent related opinion or order on May 12, 2023.
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