Portillo-Villanueva v. Garland

Opinion

Case: 22-60317 Document: 00516677419 Page: 1 Date Filed: 03/15/2023

United States Court of Appeals for the Fifth Circuit

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United States Court of Appeals Fifth Circuit

No. 22-60317 Summary Calendar FILED ____________ March 15, 2023 Lyle W. Cayce

Darlin Diana Portillo-Villanueva, Clerk

Petitioner,

versus

Merrick Garland, U.S. Attorney General,

Respondent.

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Petition for Review of an Order of the Board of Immigration Appeals Agency No. A206 480 388

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Before Davis, Duncan, and Engelhardt, Circuit Judges. Per Curiam: * Darlin Diana Portillo-Villanueva, a native and citizen of Honduras, timely petitions us for review of a decision of the Board of Immigration Appeals denying her motion to reconsider the denial of her motion to reopen and rescind her in absentia order of removal.

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*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-60317 Document: 00516677419 Page: 2 Date Filed: 03/15/2023

No. 22-60317

We review the denial of a motion to reconsider under an abuse-ofdiscretion standard. Gonzales-Veliz v. Barr, 938 F.3d 219, 226 (5th Cir. 2019). Under this standard, Portillo-Villanueva must identify either a “change in the law, a misapplication of the law, or an aspect of the case that the BIA overlooked.” Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir. 2005).

We do not find that the Board should have granted Portillo-

Villanueva’s motion. She waived her right to notice by failing to provide the immigration court with her correct address. Spagnol-Bastos v. Garland, 19 F.4th 802 (5th Cir. 2021).

We lack jurisdiction to consider Portillo-Villanueva’s argument that the Board should have exercised its sua sponte authority to reconsider her case. Qorane v. Barr, 919 F.3d 904, 912-13 (5th Cir. 2019).

DENIED in part, DISMISSED in part.