Herrera-Torres v. Garland

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 2, 2023
• Docket: 22-60532
• Status: Unpublished

Opinion

Case: 22-60532 Document: 00516735438 Page: 1 Date Filed: 05/02/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

FILED No. 22-60532 May 2, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk Eloisa Herrera-Torres,

Petitioner,

versus

Merrick Garland, U.S. Attorney General,

Respondent. ______________________________

Petition for Review of an Order of the Board of Immigration Appeals Agency No. A075 786 650 ______________________________

Before Smith, Southwick, and Douglas, Circuit Judges. Per Curiam: * Eloisa Herrera-Torres, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying her motion to reconsider its dismissal of her appeal of a decision of an immigra- tion judge that she was ineligible for cancellation of removal and ordering her removed.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-60532 Document: 00516735438 Page: 2 Date Filed: 05/02/2023

No. 22-60532

Herrera-Torres presents no contention concerning the reasons given by the BIA in its denial of her motion but instead raises a new argument chal- lenging the conclusion that her 2013 conviction disqualified her from cancel- lation of removal. Insofar as she challenges the denial of her motion to re- consider, Herrera-Torres has not shown that that ruling represents an abuse of the BIA’s discretion. See Gonzalez Hernandez v. Garland, 9 F.4th 278, 283 (5th Cir. 2021), cert. denied, 143 S. Ct. 86 (2022). Insofar as she presents a new argument for our consideration, we lack jurisdiction over it because it was not first presented to the BIA. See Martinez-Guevara v. Garland, 27 F.4th 353, 359–60 (5th Cir. 2022); 8 U.S.C. § 1252(d)(1). The petition for review is DENIED in part and DISMISSED in part.