By: Derek Hawkins//January 28, 2020//
7th Circuit Court of Appeals
Case Name: Elvira Garcia-Arce v. William P. Barr
Case No.: 19-1453; 19-2312
Officials: FLAUM, HAMILTON, and BARRETT, Circuit Judges.
Focus: Immigration – Removal Order – Abuse of Discretion
Elvira Garcia‐Arce seeks withholding of removal to Mexico under the Immigration and Nationality Act and the Convention Against Torture. She has filed two petitions for review of orders of the Board of Immigration Appeals (the “Board”). We deny both petitions. As to the first petition, the Board’s decision affirming the denial of Garcia‐ Arce’s withholding application was supported by substantial evidence. As to the second petition, the Board did not abuse its discretion in concluding that Garcia‐Arce’s prior counsel’s assistance was not so deficient that Garcia‐Arce was prevented from reasonably presenting her case.
Petition Denied