Moises Lopez v. Merrick Garland ( 2023 )

USCA4 Appeal: 22-1688 Doc: 18 Filed: 03/22/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-1688
MOISES JAVIER LOPEZ,
Petitioner,
v.
MERRICK B. GARLAND, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals.
Submitted: February 17, 2023 Decided: March 22, 2023
Before HARRIS, RICHARDSON, and HEYTENS, Circuit Judges.
Petition dismissed by unpublished per curiam opinion.
ON BRIEF: Abdoul A. Konare, KONARE LAW, Frederick, Maryland, for Petitioner.
Brian Boynton, Principal Deputy Assistant Attorney General, Jessica A. Dawgert, Senior
Litigation Counsel, Jeffrey M. Hartman, 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Unpublished opinions are not binding precedent in this circuit.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: 22-1688 Doc: 18 Filed: 03/22/2023 Pg: 2 of 2
PER CURIAM:
Moises Javier Lopez, a native and citizen of Colombia, petitions for review of an
order of the Board of Immigration Appeals upholding the Immigration Judge’s denial of
his application for adjustment of status as a matter of discretion. We lack jurisdiction to
review this wholly discretionary determination. 8 U.S.C. § 1252(a)(2)(B)(i). Though we
retain jurisdiction over colorable constitutional challenges and questions of law, no such
issues have been raised on appeal. 8 U.S.C. § 1252(a)(2)(D); see Gomis v. Holder, 571
F.3d 353, 358 (4th Cir. 2009). Accordingly, we dismiss the petition for review for lack of
jurisdiction. See In re Lopez (B.I.A. June 9, 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 DISMISSED
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