Rosalva Pena-Cartagena v. Merrick Garland ( 2023 )

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UNPUBLISHED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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
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