684 Fed.Appx. 879 (11th Cir. 2017), 16-10649, Barrios-Monzon v. U.S. Attorney General

Docket Nº:16-10649
Citation:684 Fed.Appx. 879
Opinion Judge:PER CURIAM
Party Name:ARMANDO FLORENTIN BARRIOS-MONZON, Petitioner, v. U.S. ATTORNEY GENERAL, Respondent
Attorney:For ARMANDO FLORENTIN BARRIOS-MONZON, Petitioner: William Michael Cavanaugh, Law Office of William M. Cavanaugh, WEST PALM BEACH, FL. For U.S. ATTORNEY GENERAL, Respondent: Christina Greer, U.S. Department of Justice, WASHINGTON, DC; Siu P. Wong, U.S. Department of Justice, WASHINGTON, DC; OIL, O...
Judge Panel:Before JORDAN, ROSENBAUM and JILL PRYOR, Circuit Judges.
Case Date:April 07, 2017
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
FREE EXCERPT

Page 879

684 Fed.Appx. 879 (11th Cir. 2017)

ARMANDO FLORENTIN BARRIOS-MONZON, Petitioner,

v.

U.S. ATTORNEY GENERAL, Respondent

No. 16-10649

United States Court of Appeals, Eleventh Circuit

April 7, 2017

Page 880

Editorial Note:

DO NOT PUBLISH. (See Federal Rule of Appellate Procedure Rule 32.1)

Petition for Review of a Decision of the Board of Immigration Appeals. Agency No. A070-661-845.

For ARMANDO FLORENTIN BARRIOS-MONZON, Petitioner: William Michael Cavanaugh, Law Office of William M. Cavanaugh, WEST PALM BEACH, FL.

For U.S. ATTORNEY GENERAL, Respondent: Christina Greer, U.S. Department of Justice, WASHINGTON, DC; Siu P. Wong, U.S. Department of Justice, WASHINGTON, DC; OIL, Office of Immigration Litigation, WASHINGTON, DC; Michelle Ressler, District Counsel's Office, MIAMI, FL.

Before JORDAN, ROSENBAUM and JILL PRYOR, Circuit Judges.

OPINION

Page 881

PER CURIAM:

Armando Barrios-Monzon petitions for review of the decision of the Board of Immigration Appeals (" BIA" ) denying his motion for reconsideration of the BIA's order that dismissed his appeal and affirmed the Immigration Judge's (" IJ" ) order denying his applications for withholding of removal and relief under the Convention Against Torture (" CAT" ). On appeal, Barrios-Monzon argues that the BIA erred (1) in affirming because the IJ violated his right to due process by refusing to continue the hearing even though his counsel was ill and (2) in denying his motion for reconsideration because the BIA engaged in improper fact finding in its original decision by relying on a fact in the record that was not discussed by the IJ. After careful review, we dismiss in part and deny in part Barrios-Monzon's petition for review.

I.

Barrios-Monzon, a Guatemalan citizen, has repeatedly tried to enter the United States. He first arrived in the United States in 1993 and stayed until July 2006 when he returned to Guatemala. He tried to return to the United States in September 2008 but was apprehended by immigration officials at the border. During an interview with Department of Homeland Security (" DHS" ) officials, Barrios-Monzon admitted that he had entered the country illegally. He signed a sworn statement that he entered the country to look for work, only intended to remain for three months, and had no fear or concern about returning to Guatemala. Barrios-Monzon was removed from the United States to Guatemala.

In January 2009, Barrios-Monzon entered the United States for a third time. After living in the United States for about three years, he was arrested for driving without a license and detained. Barrios-Monzon claimed that he feared for his safety if he returned to Guatemala and filed applications for withholding of removal and protection under CAT. An IJ held a hearing on the merits of his applications.

The afternoon before the hearing, Barrios-Monzon's attorney, Sandra Echevarria, requested a continuance because she was sick. The IJ...

To continue reading

FREE SIGN UP