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Arreaga-Borrayes v. Barr

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Sep 10, 2020
No. 20-1227 (4th Cir. Sep. 10, 2020)

Opinion

No. 20-1227

09-10-2020

OLINDA ARREAGA-BORRAYES; K.E.A., Petitioners, v. WILLIAM P. BARR, Attorney General, Respondent.

Olinda Arreaga-Borrayes, Petitioner Pro Se. Laura Halliday Hickein, 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UNPUBLISHED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 AGEE, DIAZ, and HARRIS, Circuit Judges. Petition dismissed by unpublished per curiam opinion. Olinda Arreaga-Borrayes, Petitioner Pro Se. Laura Halliday Hickein, 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 Unpublished opinions are not binding precedent in this circuit.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:

Olinda Arreaga-Borrayes and her minor daughter, natives and citizens of Guatemala, petition for review of the order of the Board of Immigration Appeals ("Board") dismissing their appeal from the immigration judge's ("IJ") decision denying Arreaga-Borrayes' applications for asylum, withholding of removal, and protection under the Convention Against Torture. The Board dismissed the appeal because the notice of appeal was not timely filed within 30 days of the mailing of the IJ's decision. Because the Petitioners failed to exhaust administrative remedies, we lack authority to review the final order. See 8 U.S.C. § 1252(d)(1) (2018) (requiring exhaustion of administrative remedies); 8 U.S.C. § 1101(a)(47)(B)(ii) (2018) (order becomes final after expiration of the period in which the alien is permitted to seek review).

Accordingly, because the Petitioners failed to exhaust administrative remedies, we dismiss the petition for review. 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.

PETITION DISMISSED


Summaries of

Arreaga-Borrayes v. Barr

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Sep 10, 2020
No. 20-1227 (4th Cir. Sep. 10, 2020)
Case details for

Arreaga-Borrayes v. Barr

Case Details

Full title:OLINDA ARREAGA-BORRAYES; K.E.A., Petitioners, v. WILLIAM P. BARR, Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Sep 10, 2020

Citations

No. 20-1227 (4th Cir. Sep. 10, 2020)