Gilbert Benson v. Merrick Garland ( 2021 )


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  •                                     UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 20-2069
    GILBERT BENSON,
    Petitioner,
    v.
    MERRICK B. GARLAND, Attorney General,
    Respondent.
    On Petition for Review of an Order of the Board of Immigration Appeals.
    Submitted: September 2, 2021                                Decided: December 28, 2021
    Before GREGORY, Chief Judge, and HARRIS and RUSHING, Circuit Judges.
    Petition denied by unpublished per curiam opinion.
    Joshua Adam Berman, Baltimore, Maryland, for Petitioner. Brian Boynton, Acting
    Assistant Attorney General, Cindy S. Ferrier, Assistant Director, Marie V. Robinson,
    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    Unpublished opinions are not binding precedent in this circuit.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:
    Gilbert Benson, a native and citizen of Ghana, petitions for review of the order of
    the Board of Immigration Appeals (“Board”) dismissing his appeal from the immigration
    judge’s denial of his motion to reopen. We review the denial of a motion to reopen for
    abuse of discretion. 
    8 C.F.R. § 1003.23
    (b)(3) (2021); INS v. Doherty, 
    502 U.S. 314
    , 323-
    24 (1992); Lawrence v. Lynch, 
    826 F.3d 198
    , 203 (4th Cir. 2016). The “denial of a motion
    to reopen is reviewed with extreme deference, given that motions to reopen are disfavored
    because every delay works to the advantage of the deportable alien who wishes merely to
    remain in the United States.” Sadhvani v. Holder, 
    596 F.3d 180
    , 182 (4th Cir. 2009)
    (internal quotation marks omitted). We will reverse a denial of a motion to reopen only if
    it is “arbitrary, capricious, or contrary to law.” Lawrence, 826 F.3d at 203 (internal
    quotation marks omitted).
    We conclude that the Board did not abuse its discretion in finding that Benson did
    not substantially comply with the procedural requirements under In re Lozada, 
    19 I. & N. Dec. 637
     (B.I.A. 1988). We further conclude that the Board did not abuse its discretion in
    finding that Benson failed to show prima facie eligibility for cancellation of removal.
    Accordingly, we deny the petition for review. 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
    2
    

Document Info

Docket Number: 2069-20

Filed Date: 12/28/2021

Precedential Status: Non-Precedential

Modified Date: 12/28/2021