DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
182442P.pdf 11/05/2019 G. Rodriguez de Henriquez v. William P. Barr
U.S. Court of Appeals Case No: 18-2442
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Loken, Author, with Kelly and Erickson, Circuit Judges]
Petition for Review - Immigration. Argument that immigration judge lacked
jurisdiction over removal proceeding because notice to appeal did not
specify date or time of removal hearing is foreclosed by this court's
decision in Ali v. Barr, 924 F.3d 983 (8th Cir. 2019). Motion to
reconsider did not toll time for appealing underlying order; Board did not
abuse its discretion in denying motion to reconsider, as the Board's
stated reasons for denying reconsideration demonstrates that it applied
the proper standard and considered petitioners' contentions. The Board did
not commit legal error or abuse its discretion in denying motion to
reconsider denial of relief under the Convention Against Torture, as there
was no evidence police provided evidence to gang of petitioner's
complaint, was aware this act would result in torture or otherwise
breached its legal responsibility to intervene to prevent such activity.
Thus, the Board did not err in it's analysis of the torture claim.