Celina Nieto-Lopez v. William P. Barr ( 2019 )

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 18-1642
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Celina Aracely Nieto-Lopez; Oscar Armando Barahona-Nieto
lllllllllllllllllllllPetitioners
v.
William P. Barr, Attorney General of the United States
lllllllllllllllllllllRespondent
___________________________
No. 18-3163
___________________________
Celina Aracely Nieto-Lopez
lllllllllllllllllllllPetitioner
v.
William P. Barr, Attorney General of the United States
lllllllllllllllllllllRespondent
____________
Petition for Review of an Order of the
Board of Immigration Appeals
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Submitted: October 4, 2019
Filed: October 15, 2019
[Unpublished]
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Before GRUENDER, STRAS, and KOBES, Circuit Judges.
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PER CURIAM.
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.
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