Juan Soto-Plata v. Eric Holder, Jr.

MEMORANDUM

Juan Carlos Soto-Plata (“Juan”), Maria Teresa Soto (“Maria”), and Nayeli Soto-Pineda (“Nayeli”) (collectively the “Soto-Platas”) are natives and citizens of Mexico who seek to reopen their applications for cancellation of removal, asylum, -withholding of removal, and relief under the United Nations Convention Against Torture (“CAT”). On the advice of Julio Cortez (“Cortez”), whom they falsely believed to be an attorney, the Soto-Platas withdrew their asylum application and applied for cancellation of removal shortly after being placed in removal proceedings. The immigration judge (“IJ”) found each of them statutorily ineligible, and the Board of Immigration Appeals (“BIA”) affirmed. Several years later, the Soto-Platas filed motions to reconsider and then to reopen. The BIA denied both as untimely. We deny the Soto-Platas’ petition as to their cancellation of removal and CAT claims and dismiss the petition as to their asylum and withholding of removal claims.

The facts are known to the parties. We do not repeat them.

Our jurisdiction is governed by 8 U.S.C. § 1252 . We lack jurisdiction to review claims that were not presented to the BIA. See Barron v. Ashcroft, 358…