Rosalva Pena-Cartagena v. Merrick Garland

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 2, 2023
• Docket: 22-1184
• Status: Unpublished

Opinion

USCA4 Appeal: 22-1184 Doc: 21 Filed: 02/02/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-1184

ROSALVA VERONICA PENA-CARTAGENA,

Petitioner,

v.

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Submitted: December 20, 2022 Decided: February 2, 2023

Before AGEE and HEYTENS, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

ON BRIEF: Jay S. Marks, Zindzi Baugh Corbett, LAW OFFICES OF JAY S. MARKS, LLC, Silver Spring, Maryland, for Petitioner. Brian M. Boynton, Principal Deputy Assistant Attorney General, Kiley Kane, Senior Litigation Counsel, Andrea N. Gevas, 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Unpublished opinions are not binding precedent in this circuit.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: 22-1184 Doc: 21 Filed: 02/02/2023 Pg: 2 of 2

PER CURIAM:

Rosalva Veronica Pena-Cartagena, a native and citizen of El Salvador, petitions for

review of an order of the Board of Immigration Appeals (Board) denying her untimely

motion to reopen. We have reviewed the administrative record and Pena-Cartagena’s

claims and conclude that the Board did not abuse its discretion in denying the motion. See

Mosere v. Mukasey, 552 F.3d 397, 400 (4th Cir. 2009). Accordingly, we deny the petition

for review for the reasons stated by the Board. See In re Pena-Cartagena (B.I.A. Jan. 25,

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 DENIED