Urbano v. Garland ( 2023 )

Case: 21-60912 Document: 00516602618 Page: 1 Date Filed: 01/09/2023
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
No. 21-60912 FILED
Summary Calendar January 9, 2023
Lyle W. Cayce
Clerk
Gerardo Urbano,
Petitioner,
versus
Merrick Garland, U.S. Attorney General,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
Agency No. A044 550 878
Before Wiener, Elrod, and Engelhardt, Circuit Judges.
Per Curiam:*
Gerardo Urbano, a native and citizen of Mexico, petitions this court
for review of an order of the Board of Immigration Appeals (BIA) denying his
motion to reopen his proceedings. He shows no error in connection with the
BIA’s conclusion that he was ineligible for equitable tolling because he did
not diligently pursue his rights. See Lugo-Resendez v. Lynch, 831 F.3d 337, 344
*
This opinion is not designated for publication, See 5th Cir. R. 47.5.
Case: 21-60912 Document: 00516602618 Page: 2 Date Filed: 01/09/2023
No. 21-60912
(5th Cir. 2016). Because diligence is a necessary component of an equitable
tolling claim, we need not consider his remaining arguments concerning this
claim. See id.; INS v. Bagamasbad, 429 U.S. 24, 25 (1976). Concomitantly,
he has shown no abuse of discretion in connection with the denial of his
motion. See Gonzalez-Cantu v. Sessions, 866 F.3d 302, 305 (5th Cir. 2017).
We lack jurisdiction to consider his argument that the BIA erred by
concluding that he failed to brief, and thus waived, any argument he may have
had concerning the Immigration Judge’s conclusion that he was ineligible for
a waiver of inadmissibility because it was not exhausted. See Martinez-
Guevara v. Garland, 27 F.4th 353, 360 (5th Cir. 2022); 8 U.S.C. § 1252(d)(1).
The petition for review is DENIED in part and DISMISSED in part for
want of jurisdiction.
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