Jose Elias-Huinac v. Merrick B. Garland

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 13, 2021
• Docket: 20-2904
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-2904 ___________________________

Jose Luis Elias-Huinac

Petitioner

v.

Merrick B. Garland, Attorney General of United States

Respondent ____________

Petition for Review of an Order of the Board of Immigration Appeals ____________

Submitted: April 08, 2021 Filed: April 13, 2021 [Unpublished] ____________

Before COLLOTON, BENTON, and STRAS, Circuit Judges. ____________

PER CURIAM.

Guatemalan citizen Jose Luis Elias-Huinac petitions for review of an order of the Board of Immigration Appeals (BIA) denying his motion to reopen proceedings. Having jurisdiction under 8 U.S.C. § 1252, this court finds no basis for reversal. This court concludes that Elias-Huinac’s due process claim is without merit. See Alva-Arellano v. Lynch, 811 F.3d 1064, 1066 (8th Cir. 2016) (to establish due process violation, noncitizen must demonstrate both fundamental procedural error, and prejudice); Nunez-Portillo v. Holder, 763 F.3d 974, 977 (8th Cir. 2014) (no constitutionally protected liberty interest in discretionary remedy of cancellation of removal). The BIA did not abuse its discretion in denying Elias-Huinac’s untimely motion to reopen. See 8 U.S.C. § 1229a(c)(7)(C)(i) (motion to reopen must be filed within 90 days of entry of final order of removal); Vargas v. Holder, 567 F.3d 387, 391 (8th Cir. 2009) (standard of review).

The petition is denied. See 8th Cir. R. 47B. ______________________________

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