Salvador Solis Ortega v. Merrick Garland

• Court: Court of Appeals for the Eighth Circuit
• Decided: August 19, 2022
• Docket: 22-1094
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-1094 ___________________________

Salvador Solis Ortega

Petitioner

v.

Merrick B. Garland, Attorney General of the United States

Respondent ____________

Petition for Review of an Order of the Board of Immigration Appeals ____________

Submitted: August 16, 2022 Filed: August 19, 2022 [Unpublished] ____________

Before COLLOTON, GRUENDER, and BENTON, Circuit Judges. ____________

PER CURIAM.

Mexican citizen Salvador Solis Ortega petitions for review of an order of the Board of Immigration Appeals denying his motion for reconsideration as untimely. Having jurisdiction under 8 U.S.C. § 1252, this court denies the petition.

Solis Ortega requests a remand or an abeyance to permit the United States Citizenship and Immigration Services to consider his pending nonimmigrant U-visa. Solis Ortega waived any challenge to the denial of his motion for reconsideration, because he failed to advance any argument that the agency erred in denying the motion. See Chay-Velasquez v. Ashcroft, 367 F.3d 751, 756 (8th Cir. 2004). He also failed to administratively exhaust the issue raised in his brief. See 8 U.S.C. § 1252(d)(1); Bakor v. Barr, 958 F.3d 732, 738-39 (8th Cir. 2020), cert. denied sub nom. Bakor v. Garland, 141 S. Ct. 2566 (2021).

The petition is denied. ______________________________

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