United States Court of Appeals For the First Circuit No. 18-1860 MARTA PEREZ-TINO, Petitioner, v. WILLIAM P. BARR, Attorney General, Respondent. PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS Before Lynch, Kayatta, and Barron, Circuit Judges. Nancy J. Kelly, Esq., with whom John Willshire Carrera, Esq., Maggie Morgan, Esq., and Harvard Law School Immigration & Refugee Clinic at Greater Boston Legal Services, were on brief, for petitioner. Jacob A. Bashyrov, Trial Attorney, Office of Immigration Litigation, with whom Joseph H. Hunt, Assistant Attorney General, Civil Division, and M. Jocelyn Lopez Wright, Senior Litigation Counsel, Office of Immigration Litigation, were on brief for respondent. August 30, 2019 Pursuant to Fed. R. App. P. 43(c)(2), Attorney General William P. Barr has been substituted for former Acting Attorney General Matthew G. Whitaker as the respondent. BARRON, Circuit Judge. Marta Perez-Tino is a Guatemalan national of Mayan K'Iche' descent who entered the United States in 2001 without inspection. Facing the prospect of removal on the basis of a 2010 Board of Immigration Appeals ("BIA") decision denying her asylum, withholding of removal, and relief under the Convention Against Torture ("CAT"), Perez-Tino filed a motion to reopen with the BIA years later, on February 28, 2018. She sought to excuse the untimeliness of that motion on the basis of changed country conditions in Guatemala. See 8 U.S.C. § 1229a(c)(7)(C)(ii). The BIA denied her motion to reopen as untimely. She petitioned for our review, and we now vacate and remand. I. On March 6, 2007, Immigration and Customs Enforcement ("ICE") detained Perez-Tino after a raid on her workplace in New Bedford, Massachusetts. After the raid, she was briefly detained by ICE in Massachusetts before being transferred to the Port Isabel Detention Center in Texas. Perez-Tino was served with a notice to appear, which charged that she was inadmissible because she was present in the United States without being admitted or paroled. See 8 U.S.C. § 1182(a)(6)(A)(i). She was released on bond that same month and her case was transferred to the Boston Immigration Court that May. - 2 - Perez-Tino appeared before the Immigration Court and admitted the factual allegations against her, conceded removability, and indicated that she intended to apply for withholding of removal, protection under the CAT, and voluntary departure. She submitted those applications in September 2007. In her application for asylum, withholding of removal, and protection under the CAT, she described her grandfather's status as a Mayan community leader and harassment by the "guerrilla and the Civil Patrol," the murders of her uncles "because they were Mayans," and the discrimination from authorities that her mother faced while seeking protection from Perez-Tino's abusive father. She further explained that because of this long history of discrimination and threats based on her family's Mayan ancestry, she feared further harm in Guatemala, especially as a woman who could be sexually targeted. Perez-Tino appeared before the Boston Immigration Court on April 3, 2009 and testified in support of her application for relief. During that ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals