Eusebio Lopez-Sarabia v. U.S. Attorney General

USCA11 Case: 21-10582 Document: 24-1 Date Filed: 01/04/2023 Page: 1 of 15 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 21-10582 Non-Argument Calendar ____________________ EUSEBIO LOPEZ-SARABIA, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A206-472-702 ____________________ USCA11 Case: 21-10582 Document: 24-1 Date Filed: 01/04/2023 Page: 2 of 15 2 Opinion of the Court 21-10582 Before WILSON, LUCK, and ANDERSON, Circuit Judges. PER CURIAM: Eusebio Lopez-Sarabia, a Mexican citizen, petitions for re- view of the Board of Immigration Appeals’s decision affirming the immigration judge’s denials of cancellation of removal, termina- tion of the proceedings under a claim-processing rule, and relief under the Convention Against Torture. We deny the petition. FACTUAL BACKGROUND AND PROCEDURAL HISTORY Lopez-Sarabia unlawfully entered the United States at an un- known location on an unknown date. He testified that he last en- tered the United States around September 2000. On March 11, 2008, and then again on June 8, 2015, he was arrested for driving under the influence. The June 2015 arrest was also for driving with- out a driver’s license. Lopez-Sarabia was ultimately found guilty of all three offenses. He testified that he gave the false name “Macario Cruz” to law enforcement during his arrests because he wanted to remain undetected until his son Eusebio Lopez, Jr., a United States citizen, could petition for him to have legal status in the United States. Lopez-Sarabia’s June 2015 arrest brought him to the atten- tion of United States Immigration and Customs Enforcement within the Department of Homeland Security. The department started removal proceedings against him by filing a notice to appear with the immigration judge. The notice ordered Lopez-Sarabia to USCA11 Case: 21-10582 Document: 24-1 Date Filed: 01/04/2023 Page: 3 of 15 21-10582 Opinion of the Court 3 appear before an immigration judge at a location “to be deter- mined” on a date and time “[t]o be set.” The department charged him with removability under the Immigration and Nationality Act—specifically, 8 U.S.C. section 1182(a)(6)(A)(i) for being a non- United States citizen “present in the United States without being admitted or paroled” and 8 U.S.C. section 1182(a)(7)(A)(i)(I) for not having a “valid entry document” at the time of admission. At a July 29, 2015 removal hearing, Lopez-Sarabia admitted the facts in the notice to appear, as well as the section 1182(a)(6)(A)(i) removability charge, but contested the section 1182(a)(7)(A)(i)(I) charge. The immigration judge sustained both charges. Lopez-Sarabia indicated that he would file an application for cancellation of removal under 8 U.S.C. section 1229b(b)(1) and re- lief under the Convention Against Torture. Lopez-Sarabia identi- fied Lopez, Jr., then eighteen years old, as his qualifying relative for cancellation of removal purposes. See 8 U.S.C. § 1229b(b)(1)(D) (requiring a removable noncitizen who seeks cancellation of re- moval to show, among other things, that “removal would result in exceptional and extremely unusual hardship to [his] spouse, parent, or child, who is a citizen of …

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