Antonieta Romero-Diaz v. Merrick Garland

CourtCourt of Appeals for the Fourth Circuit
DecidedApril 24, 2023
Docket22-2155
StatusUnpublished

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Antonieta Romero-Diaz v. Merrick Garland, (4th Cir. 2023).

Opinion

USCA4 Appeal: 22-2155 Doc: 19 Filed: 04/24/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-2155

ANTONIETA MARTA ROMERO-DIAZ; W.A.E.,

Petitioners,

v.

MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals.

Submitted: April 20, 2023 Decided: April 24, 2023

Before KING and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

ON BRIEF: Eric H. Kirchman, KIRCHMAN & KIRCHMAN, Rockville, Maryland, for Petitioners. Brian M. Boynton, Principal Deputy Assistant Attorney General, Shelley R. Goad, Assistant Director, Monica G. Antoun, 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Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-2155 Doc: 19 Filed: 04/24/2023 Pg: 2 of 2

PER CURIAM:

Petitioners Antonieta Marta Romero-Diaz and her minor son, W.A.E., natives and

citizens of Guatemala, petition for review of an order of the Board of Immigration Appeals

denying Romero-Diaz’s motion for reconsideration of the Board’s prior order affirming

the immigration judge’s oral decision denying all forms of relief. Upon review of the

record, we discern no abuse of discretion in the Board’s rationale for denying the motion

to reconsider. See 8 C.F.R. § 1003.2(a) (2022); Mejia-Velasquez v. Garland, 26 F.4th 193,

205 (4th Cir. 2022) (providing standard of review and explaining that the Board abuses its

discretion only if it “acted arbitrarily, irrationally, or contrary to law” (internal quotation

marks omitted)). Accordingly, we deny the petition for review. See In re Romero-Diaz

(B.I.A. Oct. 12, 2022). 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 DENIED

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Related

Katherin Mejia-Velasquez v. Merrick Garland
26 F.4th 193 (Fourth Circuit, 2022)

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