Eric Garay Villegas v. Jefferson Sessions III , 695 F. App'x 61 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-2411
ERIC RONALDO GARAY VILLEGAS,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals.
Submitted: August 9, 2017 Decided: August 16, 2017
Before MOTZ, DUNCAN, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Jay S. Marks, LAW OFFICES OF JAY S. MARKS, LLC, Silver Spring, Maryland, for
Petitioner. Chad A. Readler, Acting Assistant Attorney General, Nancy Friedman, Senior
Litigation Counsel, Kevin J. Conway, Office of Immigration Litigation, UNITED STATES
DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Eric Ronaldo Garay Villegas, a native and citizen of El Salvador, petitions for
review of an order of the Board of Immigration Appeals (Board) denying his motion to
reopen. We have reviewed the Board’s order, in conjunction with the administrative
record, and conclude that the Board did not abuse its discretion in denying the motion as
untimely. See 8 C.F.R. § 1003.2(c)(2) (2017). We therefore deny the petition for review
substantially* for the reasons stated by the Board. See In re Garay Villegas (B.I.A. Nov.
17, 2016). 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
*
Even assuming that Garay Villegas substantially complied with the requirements
set forth in In re Lozada, 19 I. & N. Dec. 637 (B.I.A. 1988), as he contends, substantial
evidence supports the Board’s alternative conclusion that “the face of the record itself does
not demonstrate ineffective assistance of counsel.”
2