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Rivera v. Garland

United States Court of Appeals, Fourth Circuit
Feb 29, 2024
No. 23-1771 (4th Cir. Feb. 29, 2024)

Opinion

23-1771

02-29-2024

CLODOALDO E. CARRANZA RIVERA, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent.

Eric H. Kirchman, Rockville, Maryland, for Petitioner. Brian Boynton, Principal Deputy Assistant Attorney General, Sabatino F. Leo, Assistant Director, Corey L. Farrell, Senior Litigation Counsel, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.


UNPUBLISHED

Submitted: February 27, 2024

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

ON BRIEF:

Eric H. Kirchman, Rockville, Maryland, for Petitioner.

Brian Boynton, Principal Deputy Assistant Attorney General, Sabatino F. Leo, Assistant Director, Corey L. Farrell, Senior Litigation Counsel, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Before WILKINSON, WYNN, and HARRIS, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM

Clodoaldo E. Carranza Rivera, a native and citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals denying Carranza Rivera's motion for reconsideration of the Board's prior order affirming the immigration judge's denial of Carranza Rivera's application for cancellation of removal. Upon review of the record, we discern no abuse of discretion in the Board's rationale for denying the motion to reconsider. See 8 C.F.R. § 1003.2(a), (b)(1); Mejia-Velasquez v. Garland, 26 F.4th 193, 205 (4th Cir. 2022) (providing standard of review and explaining that the Board abuses its discretion only if it "acted arbitrarily, irrationally, or contrary to law" (internal quotation marks omitted)). Specifically, the Board's order reflects its evaluation of the arguments Carranza Rivera asserted in his motion for reconsideration, which were accurately characterized as a rehash of the arguments raised and rejected in Carranza Rivera's initial administrative appeal. Accordingly, we deny the petition for review. See In re Carranza Rivera (B.I.A. June 27, 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


Summaries of

Rivera v. Garland

United States Court of Appeals, Fourth Circuit
Feb 29, 2024
No. 23-1771 (4th Cir. Feb. 29, 2024)
Case details for

Rivera v. Garland

Case Details

Full title:CLODOALDO E. CARRANZA RIVERA, Petitioner, v. MERRICK B. GARLAND, Attorney…

Court:United States Court of Appeals, Fourth Circuit

Date published: Feb 29, 2024

Citations

No. 23-1771 (4th Cir. Feb. 29, 2024)