Olga Calderon-Barrios v. Merrick Garland ( 2021 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-1761
OLGA LETICIA CALDERON-BARRIOS,
Petitioner,
v.
MERRICK B. GARLAND, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals.
Submitted: June 24, 2021 Decided: June 29, 2021
Before AGEE and WYNN, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed in part, denied in part by unpublished per curiam opinion.
Robert J. Harris, Woodbridge, Virginia, for Petitioner. Jeffery Bossert Clark, Assistant
Attorney General, Anthony P. Nicastro, Assistant Director, Linda Y. Cheng, Kristen H.
Blosser, 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Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Olga Leticia Calderon-Barrios, a native and citizen of Guatemala, petitions for
review of an order of the Board of Immigration Appeals (Board) denying her motion to
reconsider the denial of her untimely motion to reopen. To the extent Calderon-Barrios
challenges the Board’s refusal to reconsider its denial of her request to reopen her
proceedings sua sponte, we lack jurisdiction to review this discretionary determination.
See Mosere v. Mukasey, 552 F.3d 397, 400-01 (4th Cir. 2009). We therefore dismiss the
petition for review in part with respect to this claim. As for the remainder of her claims,
we have reviewed the administrative record and discern no abuse of discretion in the
Board’s denial of her motion. See Narine v. Holder, 559 F.3d 246, 249 (4th Cir. 2009).
Accordingly, we deny the petition for review in part for the reasons stated by the Board.
See In re Calderon-Barrios (B.I.A. June 11, 2020). 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.
DISMISSED IN PART,
DENIED IN PART
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