Maximiliano Martinez Cruz v. Merrick Garland

CourtCourt of Appeals for the Fourth Circuit
DecidedFebruary 13, 2024
Docket23-1374
StatusUnpublished

This text of Maximiliano Martinez Cruz v. Merrick Garland (Maximiliano Martinez Cruz 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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Maximiliano Martinez Cruz v. Merrick Garland, (4th Cir. 2024).

Opinion

USCA4 Appeal: 23-1374 Doc: 31 Filed: 02/13/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1374

MAXIMILIANO MARTINEZ CRUZ,

Petitioner,

v.

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Submitted: February 6, 2024 Decided: February 13, 2024

Before KING, AGEE, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

ON BRIEF: Jessica N. Sherman-Stoltz, SHERMAN-STOLTZ LAW GROUP, PLLC, Gum Spring, Virginia, for Petitioner. Brian M. Boynton, Principal Deputy Assistant Attorney General, Erica B. Miles, Assistant Director, A. Ashley Arthur, 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Unpublished opinions are not binding precedent in this circuit.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: 23-1374 Doc: 31 Filed: 02/13/2024 Pg: 2 of 2

PER CURIAM:

Maximiliano Martinez Cruz, a native and citizen of Mexico, petitions for review of

an order of the Board of Immigration Appeals dismissing his appeal from the immigration

judge’s decision denying Martinez Cruz’s application for deferral of removal under the

Convention Against Torture. Upon review of the record, including the transcript of

Martinez Cruz’s merits hearing and all supporting evidence, and consideration of the

parties’ arguments in conjunction with the relevant authorities, we conclude that the record

evidence does not compel a ruling contrary to any of the immigration judge’s factual

findings, as affirmed by the Board, see 8 U.S.C. § 1252(b)(4)(B), and that substantial

evidence supports the denial of relief, see Ponce-Flores v. Garland, 80 F.4th 480, 484 (4th

Cir. 2023). Accordingly, we deny the petition for review for the reasons stated by the

Board. See In re Martinez Cruz (B.I.A. Mar. 16, 2023).

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

Jesus Ponce-Flores v. Merrick Garland
80 F.4th 480 (Fourth Circuit, 2023)

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