Margarita Bartolo-Ramirez v. Merrick Garland

CourtCourt of Appeals for the Fourth Circuit
DecidedJune 21, 2024
Docket23-2044
StatusUnpublished

This text of Margarita Bartolo-Ramirez v. Merrick Garland (Margarita Bartolo-Ramirez v. Merrick Garland) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Margarita Bartolo-Ramirez v. Merrick Garland, (4th Cir. 2024).

Opinion

USCA4 Appeal: 23-2044 Doc: 21 Filed: 06/21/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-2044

MARGARITA BARTOLO-RAMIREZ,

Petitioner,

v.

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Submitted: June 7, 2024 Decided: June 21, 2024

Before NIEMEYER, THACKER, and HARRIS, Circuit Judges.

Petition denied by unpublished per curiam opinion.

ON BRIEF: Abdoul A. Konare, KONARE LAW, Frederick, Maryland, for Petitioner. Brian M. Boynton, Principal Deputy Assistant Attorney General, Anthony C. Payne, Assistant Director, Christopher Ian Pryby, Trial Attorney, 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Unpublished opinions are not binding precedent in this circuit.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: 23-2044 Doc: 21 Filed: 06/21/2024 Pg: 2 of 2

PER CURIAM:

Margarita Bartolo-Ramirez, a native and citizen of Guatemala, petitions for review

of an order of the Board of Immigration Appeals (“Board”) dismissing her appeal from the

immigration judge’s (“IJ”) decision finding her removable and denying her motion for a

continuance pending resolution of her petition for a U-Visa. See 8 U.S.C.

§ 1101(a)(15)(U). Bartolo-Ramirez failed to assert before the Board and IJ that her U-Visa

petition was prima facie approvable. See In re L-A-B-R-, 27 I. & N. Dec. 405, 413

(A.G. 2018) (petitioner bears burden of establishing good cause for a continuance).

Accordingly, we conclude that there was no abuse of discretion in the Board’s order and

dismiss the petition for review. See Gonzalez v. Garland, 16 F.4th 131, 144 (4th Cir. 2021)

(stating standard of 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 DENIED

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Related

Javier Chavez Gonzalez v. Merrick Garland
16 F.4th 131 (Fourth Circuit, 2021)
L-A-B-R
27 I. & N. Dec. 405 (Board of Immigration Appeals, 2018)

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