United States Court of Appeals

For the Eighth Circuit 

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No. 22-2621

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Carlos Laureano-Martinez

 Petitioner

v.

Merrick B. Garland, Attorney General of the United States

 Respondent

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Petition for Review of an Order of the

Board of Immigration Appeals

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Submitted: February 23, 2023

Filed: February 28, 2023

[Unpublished]

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Before COLLOTON, BENTON, and GRASZ, Circuit Judges. 

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PER CURIAM.

Mexican citizen Carlos Laureano-Martinez petitions for review of orders of 

the Board of Immigration Appeals (BIA). Having jurisdiction under 8 U.S.C. 

§ 1252(b)(2), this court denies the petition.

The BIA denied Laureano-Martinez’s motion for an extension of time to file 

an administrative appellate brief and dismissed his appeal from the decision of an 
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immigration judge (IJ) denying him relief from removal. Laureano-Martinez argues 

that the BIA abused its discretion and deprived him of due process when it denied 

the motion for an extension. The record shows that Laureano-Martinez filed a timely 

notice of appeal with the BIA. Over seventeen months later, on January 4, 2021, his 

counsel received a briefing schedule dated December 15, 2020, indicating any 

administrative appellate brief was due by January 5, 2021. In a motion dated January 

7 and received by the agency on January 11, counsel requested an extension of time 

to file an administrative appellate brief. The motion was denied as untimely. The 

BIA ultimately affirmed the decision of the IJ and dismissed Laureano-Martinez’s 

appeal on the merits.

The BIA did not abuse its discretion in denying the motion for an extension. 

See Zetino v. Holder, 622 F.3d 1007, 1012-13 (9th Cir. 2010) (BIA’s management 

of briefing schedule under 8 C.F.R. §1003.3(c)(1) is reviewed for abuse of 

discretion); Holder v. Gonzales, 499 F.3d 825, 828 (8th Cir. 2007) (BIA abuses its 

discretion if it issues a decision “without rational explanation, departs from 

established policies, invidiously discriminates against a particular race or group, or 

fails to consider all factors presented by the alien or distorts important aspects of the 

claim); 8 C.F.R. § 1003.3(c)(1) (upon written motion, BIA may extend period for 

filing brief for good cause shown); BIA Practice Manual Ch. 4.7(c)(2) (requests to 

extend briefing deadlines must be received by original due date; requests received 

after due date will be denied). In denying the motion, the BIA adhered to its own 

regulations and policies and explained in its denial order that the request was 

untimely.

Under the circumstances of this case, the court also concludes that the denial 

of the extension motion did not violate due process. Cf. Holder, 499 F.3d at 829 (in 

analyzing whether BIA violated due process rights, this court considers the 

“individual interest at stake; the risk of erroneous deprivation of the interest through 

the use of the procedure in question; the value of different or supplemental 

procedural safeguards; and the interest of the government in using the current 

procedures, considering the burdens and costs of implementing a different 
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procedure”) (citations omitted). Existing procedures would have permitted counsel 

to file a timely motion for an extension, and even move the BIA to accept a late-filed 

brief, and there is nothing in the record to explain why such avenues were not 

pursued. See 8 C.F.R. § 1003.3(c)(1); BIA Practice Manual Chs. 4.7(c)(2), (d).

To the extent Laureano-Martinez also challenges the BIA’s decision 

dismissing his appeal, we find no basis for reversal. See Menjivar v. Gonzales, 416 

F.3d 918, 920 (8th Cir. 2005), as corrected (Sept. 21, 2005) (asylum requirements);

Guled v. Mukasey, 515 F.3d 872, 881-82 (8th Cir. 2008) (noncitizen who does not 

meet standard for asylum cannot meet more rigorous clear probability standard for 

withholding of removal). 

The petition is denied. See 8th Cir. R. 47B. 

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