Hernandez-Arguijo v. Garland ( 2022 )

Case: 20-61131 Document: 00516349589 Page: 1 Date Filed: 06/08/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 8, 2022
No. 20-61131
Lyle W. Cayce
Summary Calendar
Clerk
Issis Yaselin Hernandez-Arguijo,
Petitioner,
versus
Merrick Garland, U.S. Attorney General,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
Agency No. A096 175 814
Before Jolly, Willett, and Engelhardt, Circuit Judges.
Per Curiam:*
Issis Yaselin Hernandez-Arguijo, a native and citizen of Honduras,
petitions for review of the order by the Board of Immigration Appeals (BIA)
upholding the immigration judge’s denial of her motion to reopen. We lack
jurisdiction to consider Hernandez-Arguijo’s challenge to the discretionary
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 20-61131 Document: 00516349589 Page: 2 Date Filed: 06/08/2022
No. 20-61131
decision not to reopen her proceedings sua sponte. See Mejia v. Whitaker, 913
F.3d 482, 490 (5th Cir. 2019).
Jurisdiction exists to review her arguments to the extent she contends
that she was denied due process because the immigration judge disregarded
her claims and did not act as a neutral arbiter. See id. However, her due
process arguments are unavailing and not cognizable because “no liberty
interest exists in a motion to reopen.” Id.Hernandez-Arguijo’s petition is DISMISSED in part for lack of
jurisdiction and DENIED in part.
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