Aldo Castanon-Castanon v. William Barr, U. S. Atty

Case: 18-60181 Document: 00515028485 Page: 1 Date Filed: 07/10/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-60181 FILED Summary Calendar July 10, 2019 Lyle W. Cayce Clerk ALDO CASTANON-CASTANON, Petitioner v. WILLIAM P. BARR, U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A206 097 423 Before BARKSDALE, ELROD, and HO, Circuit Judges. PER CURIAM: * Aldo Castanon-Castanon, a citizen and national of Guatemala, petitions for review of a decision of the Board of Immigration Appeals’ (BIA) dismissing his appeal from the denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). In doing so, he presents two issues. * Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. Case: 18-60181 Document: 00515028485 Page: 2 Date Filed: 07/10/2019 No. 18-60181 First, he contends the BIA did not issue a reasoned decision because it relied improperly on findings the immigration judge (IJ) made with respect to Castanon’s failure to demonstrate a well-founded fear of future persecution to determine he did not demonstrate past persecution. Castanon, however, did not present this issue to the BIA. Because he could have done so through a motion to reconsider, this failure constitutes a failure to exhaust the issue; consequently we lack jurisdiction to consider it. See Dale v. Holder, 610 F.3d 294, 299 (5th Cir. 2010); Omari v. Holder, 562 F.3d 314, 320–21 (5th Cir. 2009). For his other issue, Castanon asserts his due-process rights were violated at his removal hearing, at which he proceeded pro se, because the IJ: (1) did not tell him what he would need to prove to show his eligibility for relief; (2) did not fulfill her obligation to aid in the development of the record by explaining he could testify in narrative form, asking him open-ended questions, or asking questions about facts critical to his claim for relief; and (3) demonstrated a lack of impartiality by questioning him in an impatient, hostile, and intimidating manner. (He does not renew a fourth claimed due- process violation raised before the BIA: his inability to present his mother’s testimony. Accordingly, that claimed violation is abandoned. See Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003).) An alien’s claim his due-process rights were violated during his removal proceeding receives de novo review. Bouchikhi v. Holder, 676 F.3d 173, 180 (5th Cir. 2012). “As a general rule, due process requires that an alien be provided notice of the charges against him, a hearing before an executive or administrative tribunal, and a fair opportunity to be heard.” Okpala v. Whitaker, 908 F.3d 965, 971 (5th Cir. 2018) (citation omitted). Along that line, “only this circuit’s precedents (and those of the Supreme Court) bind the BIA when considering an appeal from an ...

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals