Portillo-Villanueva v. Garland ( 2023 )

Case: 22-60317 Document: 00516677419 Page: 1 Date Filed: 03/15/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-60317
Summary Calendar FILED
____________ March 15, 2023
Lyle W. Cayce
Darlin Diana Portillo-Villanueva, Clerk
Petitioner,
versus
Merrick Garland, U.S. Attorney General,
Respondent.
______________________________
Petition for Review of an Order of the
Board of Immigration Appeals
Agency No. A206 480 388
______________________________
Before Davis, Duncan, and Engelhardt, Circuit Judges.
Per Curiam: *
Darlin Diana Portillo-Villanueva, a native and citizen of Honduras,
timely petitions us for review of a decision of the Board of Immigration
Appeals denying her motion to reconsider the denial of her motion to reopen
and rescind her in absentia order of removal.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-60317 Document: 00516677419 Page: 2 Date Filed: 03/15/2023
No. 22-60317
We review the denial of a motion to reconsider under an abuse-of-
discretion standard. Gonzales-Veliz v. Barr, 938 F.3d 219, 226 (5th Cir. 2019).
Under this standard, Portillo-Villanueva must identify either a “change in
the law, a misapplication of the law, or an aspect of the case that the BIA
overlooked.” Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir. 2005).
We do not find that the Board should have granted Portillo-
Villanueva’s motion. She waived her right to notice by failing to provide the
immigration court with her correct address. Spagnol-Bastos v. Garland, 19
F.4th 802 (5th Cir. 2021).
We lack jurisdiction to consider Portillo-Villanueva’s argument that
the Board should have exercised its sua sponte authority to reconsider her
case. Qorane v. Barr, 919 F.3d 904, 912-13 (5th Cir. 2019).
DENIED in part, DISMISSED in part.
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