Moises Lopez v. Merrick Garland

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 22, 2023
• Docket: 22-1688
• Status: Unpublished

Opinion

USCA4 Appeal: 22-1688 Doc: 18 Filed: 03/22/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-1688

MOISES JAVIER LOPEZ,

Petitioner,

v.

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Submitted: February 17, 2023 Decided: March 22, 2023

Before HARRIS, RICHARDSON, and HEYTENS, Circuit Judges.

Petition dismissed by unpublished per curiam opinion.

ON BRIEF: Abdoul A. Konare, KONARE LAW, Frederick, Maryland, for Petitioner. Brian Boynton, Principal Deputy Assistant Attorney General, Jessica A. Dawgert, Senior Litigation Counsel, Jeffrey M. Hartman, 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Unpublished opinions are not binding precedent in this circuit.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: 22-1688 Doc: 18 Filed: 03/22/2023 Pg: 2 of 2

PER CURIAM:

Moises Javier Lopez, a native and citizen of Colombia, petitions for review of an

order of the Board of Immigration Appeals upholding the Immigration Judge’s denial of

his application for adjustment of status as a matter of discretion. We lack jurisdiction to

review this wholly discretionary determination. 8 U.S.C. § 1252(a)(2)(B)(i). Though we

retain jurisdiction over colorable constitutional challenges and questions of law, no such

issues have been raised on appeal. 8 U.S.C. § 1252(a)(2)(D); see Gomis v. Holder, 571

F.3d 353, 358 (4th Cir. 2009). Accordingly, we dismiss the petition for review for lack of

jurisdiction. See In re Lopez (B.I.A. June 9, 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 DISMISSED