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PENA-LOPEZ v. GARLAND

No. 20-60911.

33 F.4th 798 (2022)

Fredy Leo PENA-LOPEZ, Petitioner, v. Merrick GARLAND, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

FILED May 12, 2022.

Attorney(s) appearing for the Case

Raed Gonzalez, Esq. , Senior Attorney, Gonzalez Olivieri, L.L.C., Houston, TX, for Petitioner.

Allison R. Frayer , Jacob Alexander Bashyrov , U.S. Department of Justice, Civil Division/OIL, Washington, DC, for Respondent.

Before Richman, Chief Judge, and Costa and Ho, Circuit Judges.

Fredy Leo Pena-Lopez (Pena-Lopez) was ordered removed in absentia in 2004. He remained in the United States, and in 2019, he filed a motion to reopen under a special rule for battered spouses.1 Because the BIA did not abuse its discretion in concluding that Pena-Lopez had failed to show...

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