USCA11 Case: 20-13389 Date Filed: 05/06/2021 Page: 1 of 11 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 20-13389 Non-Argument Calendar ________________________ Agency No. A201-341-454 RENE ASTUL LOPEZ-PORTILLO, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (May 6, 2021) Before WILSON, JILL PRYOR, and LUCK, Circuit Judges. PER CURIAM: USCA11 Case: 20-13389 Date Filed: 05/06/2021 Page: 2 of 11 Rene Lopez-Portillo petitions for review of an August 2020 Board of Immigration Appeals (BIA) order. In that order, the BIA denied his motions to reconsider, reopen, and sua sponte reopen a March 2020 BIA decision denying cancellation of removal pursuant to the Immigration and Nationality Act (INA) § 240A(b)(1), 8 U.S.C. § 1229b(b)(1). Lopez-Portillo argues that the BIA applied the wrong legal standards in denying him relief, engaged in impermissible factfinding, erred in deciding not to sua sponte reopen his case, denied him due process, and did not give his arguments or evidence reasoned consideration. The INA limits our review of the petition. See INA § 242(a)(2)(B)(i), 8 U.S.C. § 1252(a)(2)(B)(i); INA § 242(a)(2)(D), 8 U.S.C. § 1252(a)(2)(D). In part, Lopez-Portillo’s petition directly challenges the March 2020 order or otherwise implicates the discretionary-review bar, so we dismiss his petition to that extent. While Lopez-Portillo also raises legal and constitutional claims—which we can review—those claims do not have merit, so we otherwise deny the petition. I. In May 2019, the Department of Homeland Security (DHS) served Lopez- Portillo, who is a native and citizen of El Salvador, with a notice to appear. DHS alleged that he had entered the United States without being admitted or paroled and charged him as removable pursuant to INA § 212(a)(6)(A)(i), 8 U.S.C. § 1182(a)(6)(A)(i). Lopez-Portillo conceded removability and applied for 2 USCA11 Case: 20-13389 Date Filed: 05/06/2021 Page: 3 of 11 cancellation of removal. 1 In relevant part, he stated in his application that his removal would cause a substantial hardship to his children, who are U.S. citizens. At his hearing, Lopez-Portillo testified to the following: He has been in the United States since 2005 and is his family’s sole breadwinner. His nine-year-old daughter was born with a hip problem that affects her feet and ankles, causes her pain, and requires her to walk abnormally. His son was diagnosed with eczema at birth, which requires special care when bathing and the use of medicated soap and shampoo because his skin itches and bleeds. While Lopez-Portillo was detained, his son started acting out and his eczema worsened; both children were diagnosed with adjustment disorders and were struggling. His daughter understands Spanish and English, but his wife only speaks Spanish and his son does not speak Spanish, so his daughter often has to translate between them. He does not believe he would be able to care for his children’s needs if they went with him to El Salvador. Lopez-Portillo’s sister and friend each testified about how the children …
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