Ruben Solis-Saraverria v. Eric Holder, Jr. ( 2014 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-2312
RUBEN RUTH SOLIS-SARAVERRIA,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: December 23, 2013 Decided: January 13, 2014
Before SHEDD, DIAZ, and FLOYD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Ruben Ruth Solis-Saraverria, Petitioner Pro Se. Ada Elsie
Bosque, Matthew Allan Spurlock, 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Unpublished opinions are not binding precedent in this circuit.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:
Ruben Ruth Solis-Salaverria, a native and citizen of
El Salvador, petitions for review of an order of the Board of
Immigration Appeals dismissing his appeal from the immigration
judge’s order finding him removable and that he was statutorily
ineligible for Temporary Protected Status (“TPS”), 8 U.S.C.
§ 1254a (2012). The Attorney General has filed a motion to
dismiss based on the contention that the petition for review was
untimely filed. While we deny the Attorney General’s motion, we
also deny the petition for review.
We have thoroughly reviewed the record and conclude
that the Board properly found that Solis-Salaverria was not
eligible for TPS status because of his two misdemeanor
convictions. See 8 U.S.C. § 1254a(c)(2)(B)(i). We further
conclude that the notice to appear was not defective. See
Guamanrrigra v. Holder, 670 F.3d 404, 409-10 (2d Cir. 2012);
Popa v. Holder, 571 F.3d 890, 895-96 (9th Cir. 2009).
Accordingly, we deny the petition for review. We also
deny the Attorney General’s motion to dismiss. 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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