GUSTAVO ADOLFO OSABAS-RIVERA v. PAMELA BONDI, Attorney General - Articles

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GUSTAVO ADOLFO OSABAS-RIVERA v. PAMELA BONDI, Attorney General

Posted by: Azya Thornton on Dec 8, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Margaret W. Wong, MARGARET WONG & ASSOCIATES LLC, Cleveland, Ohio, for Petitioner.

Attorneys 2: ON BRIEF: Jonathan S. Needle, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Judge(s): NALBANDIAN, DAVIS, and HERMANDORFER, Circuit Judges

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

DAVIS, Circuit Judge. Gustavo Adolfo Osabas-Rivera petitions for review of the Board of Immigration Appeals’ final order affirming an immigration judge’s decision finding him ineligible for asylum due to an untimely application and denying on the merits his applications for withholding of removal and protection under Article III of the Convention Against Torture. First, we lack jurisdiction to review the Board’s determination that Osabas-Rivera failed to establish extraordinary circumstances warranting waiver of the deadline for his untimely asylum application. And second, we hold that Osabas-Rivera abandoned a dispositive issue as to his withholding-of-removal claim—specifically, whether the Honduran government is unable or unwilling to protect him from gang violence. He does not raise his Convention Against Torture claim before us. Therefore, we DENY the petition for review in part and DISMISS in part.

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