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Jose Francisco-Juan v. U.S. Attorney General, 11th Cir. (2015)
Jose Francisco-Juan v. U.S. Attorney General, 11th Cir. (2015)
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JOSE FRANCISCO-JUAN,
Petitioner,
versus
U.S. ATTORNEY GENERAL,
Respondent.
________________________
Petition for Review of a Decision of the
Board of Immigration Appeals
________________________
(March 13, 2015)
Case: 13-15645
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Where the BIA issues a decision, we review only that decision, except to the extent the
BIA expressly adopted the IJs decision. Rodriguez v. U.S. Atty Gen., 735 F.3d 1302, 1308
(11th Cir. 2013). Where the BIA adopts the IJs reasoning and also makes its own observations,
we review both decisions. Id.
We review the denial of a motion to reopen for an abuse of discretion. Ali v. U.S. Atty
Gen., 443 F.3d 804, 808 (11th Cir. 2006). Motions to reopen are especially disfavored in
removal proceedings, as every delay works to the advantage of the deportable alien who wishes
merely to remain in the United States. Id. (quotations omitted). Factual determinations are
reviewed for substantial evidence. See Ali v. U.S. Atty Gen., 643 F.3d 1324, 1329 (11th Cir.
2011). Under the substantial evidence test, we must affirm the IJs and BIAs decisions if they
are supported by reasonable, substantial, and probative evidence on the record considered as a
whole. Adefemi v. Ashcroft, 386 F.3d 1022, 1027 (11th Cir. 2004) (en banc) (quotations
omitted). This Court may only reverse a factual finding when the record compels reversal. Id.
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prejudice. As discussed above, Francisco-Juan has not shown the BIA and IJ erred
in concluding he was not prima facie eligible for asylum, withholding of removal,
or CAT relief. He therefore cannot demonstrate that, had his claims been properly
presented to the IJ, the outcome of the proceedings would have been different. See
Cole v. U.S. Atty Gen., 712 F.3d 517, 534 (11th Cir. 2013) (stating in order to
establish a due process violation in removal proceedings, a petition must show the
purported errors caused him substantial prejudice, meaning the outcome of the
proceeding would have been different).
Accordingly, we deny Francisco-Juans petition for review.
PETITION DENIED.