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Martinez v. Lynch

United States Court of Appeals, Eighth Circuit

May 12, 2015

Gustavo Martinez, Petitioner
v.
Loretta E. Lynch [1] Respondent; Gustavo Martinez, Petitioner
v.
Loretta E. Lynch, Attorney General of the United States, Respondent

Submitted January 15, 2015.

Petition for Review of an Order of the Board of Immigration Appeals.

For Gustavo Martinez, Petitioner (14-1213): Allan Harvey Bell, Allan H. Bell & Associates, Kansas City, MO.

For Loretta E. Lynch, Attorney General of the United State, Respondent (14-1213): Karen Yolanda Drummond, Jesse David Lorenz, Carl H. McIntyre, Margaret Anne O'Donnell, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC.

For Gustavo Martinez, Petitioner (14-1926): Allan Harvey Bell, Allan H. Bell & Associates, Kansas City, MO.

For Loretta E. Lynch, Attorney General of the United States, Respondent (14-1926): Karen Yolanda Drummond, Jesse David Lorenz, Carl H. McIntyre, Margaret Anne O'Donnell, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC.

Before COLLOTON, BEAM, and KELLY, Circuit Judges.

OPINION

Page 1263

KELLY, Circuit Judge.

Gustavo Martinez, a native and citizen of Guatemala, sought to reopen his removal proceedings and obtain asylum under 8 U.S.C. § 1158(a)(1), which the Immigration Judge (IJ) denied. The Board of Immigration Appeals (BIA) affirmed the IJ's denial of Martinez's motion to reopen. Martinez then filed a motion for reconsideration, which the BIA denied. Martinez seeks review as to both his motion to reopen and his motion for reconsideration. Having jurisdiction to consider this appeal under 8 U.S.C. § 1252, we affirm.

I. Background

Martinez was born in Guatemala to his Mexican mother and a father he never

Page 1264

knew. His mother left him in the care of a woman in Guatemala when she moved back to Mexico and eventually married an American and moved to the United States. As a teenager, Martinez was a member of a church youth group in Guatemala. He contends the gangs in the area committed violent acts and threatened violence against individuals in the community who refused to sell drugs for the ...


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