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Amaya-Lemus v. Barr

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Sep 10, 2019
No. 18-2455 (4th Cir. Sep. 10, 2019)

Opinion

No. 18-2455

09-10-2019

ENCARNACION AMAYA-LEMUS, Petitioner, v. WILLIAM P. BARR, Attorney General, Respondent.

Alfred Lincoln Robertson, Jr., ROBERTSON LAW OFFICE, PLLC, Alexandria, Virginia, for Petitioner. Joseph H. Hunt, Assistant Attorney General, Anthony P. Nicastro, Assistant Director, Linda Y. Cheng, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.


UNPUBLISHED

On Petition for Review of an Order of the Board of Immigration Appeals. Before DIAZ and FLOYD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Alfred Lincoln Robertson, Jr., ROBERTSON LAW OFFICE, PLLC, Alexandria, Virginia, for Petitioner. Joseph H. Hunt, Assistant Attorney General, Anthony P. Nicastro, Assistant Director, Linda Y. Cheng, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Encarnacion Amaya-Lemus, a native and citizen of Honduras, petitions for review of an order of the Board of Immigration Appeals (Board) dismissing his appeal from the immigration judge's decision denying his motion to reopen and rescind his in absentia removal order. We have reviewed the administrative record and the Board's order and find no abuse of discretion. See 8 C.F.R. § 1003.23(b) (2019). We therefore deny the petition for review for the reasons stated by the Board. See In re Amaya-Lemus (B.I.A. Nov. 6, 2018). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

We lack jurisdiction to consider claims raised for the first time on appeal on the ground that Amaya-Lemus failed to exhaust his administrative remedies before the Board. See 8 U.S.C. § 1252(d)(1) (2012); Massis v. Mukasey, 549 F.3d 631, 638-40 (4th Cir. 2008). --------

PETITION DENIED


Summaries of

Amaya-Lemus v. Barr

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Sep 10, 2019
No. 18-2455 (4th Cir. Sep. 10, 2019)
Case details for

Amaya-Lemus v. Barr

Case Details

Full title:ENCARNACION AMAYA-LEMUS, Petitioner, v. WILLIAM P. BARR, Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Sep 10, 2019

Citations

No. 18-2455 (4th Cir. Sep. 10, 2019)