NERY MARICELA PINEDA-GUERRA; SANTOS HUMBERTO MARTINEZ GUERRA; YANCI CAROLINA MARTINEZ-PINEDA, v. PAMELA BONDI, Attorney General - Articles

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NERY MARICELA PINEDA-GUERRA; SANTOS HUMBERTO MARTINEZ GUERRA; YANCI CAROLINA MARTINEZ-PINEDA, v. PAMELA BONDI, Attorney General

Posted by: Azya Thornton on Dec 3, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Nathan R. Bogart, BOGART, SMALL + DUELL, Fayetteville, Arkansas, Laura K. Ferner, CROUCH | HARWELL | FRYAR | FERNER, Springdale, Arkansas, for Petitioners.

Attorneys 2: ON BRIEF: Colin J. Tucker, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Judge(s): MOORE, THAPAR, and RITZ, Circuit Judges

Court Appealed: On Petition for Review from the Board of Immigration Appeals

RITZ, Circuit Judge. After an immigration judge denied petitioners’ application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”), they appealed to the Board of Immigration Appeals (“BIA”). The petitioners timely submitted a brief in support of their appeal, but the BIA rejected the brief because it listed an address for their attorney that was different from the address provided on the attorney’s notice of appearance. So petitioners re-submitted their brief and moved the BIA to accept the now-late filing, but the BIA denied that request. The BIA then summarily denied petitioners’ appeal, on the basis that they did not file a supporting brief when they indicated they would. Petitioners petition for review of the BIA’s rejection of their brief and denial of their appeal. Because the BIA abused its discretion, we grant the petition for review.

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