Solache Galarza v. Garland ( 2023 )

Case: 22-60489 Document: 00516747738 Page: 1 Date Filed: 05/11/2023
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
FILED
No. 22-60489 May 11, 2023
Summary Calendar
____________ Lyle W. Cayce
Clerk
J. Guadalupe Solache Galarza,
Petitioner,
versus
Merrick Garland, U.S. Attorney General,
Respondent.
______________________________
Petition for Review of an Order of the
Board of Immigration Appeals
Agency No. A091 244 973
______________________________
Before Jones, Haynes, and Oldham, Circuit Judges.
Per Curiam: *
J. Guadalupe Solache Galarza, a native and citizen of Mexico,
petitions for review of the order by the Board of Immigration Appeals (BIA)
denying his motion to reopen. We lack jurisdiction to consider Solache
Galarza’s challenge to the discretionary decision not to reopen his
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-60489 Document: 00516747738 Page: 2 Date Filed: 05/11/2023
No. 22-60489
proceedings sua sponte. See Mejia v. Whitaker, 913 F.3d 482, 490 (5th
Cir. 2019).
Jurisdiction does exist to review Solache Galarza’s arguments to the
extent that he asserts that his due process rights were violated as he is no
longer removable as charged. See id. However, his due process arguments
are unavailing and not cognizable because “no liberty interest exists in a
motion to reopen.” Id.Solache Galarza’s petition is DISMISSED in part for lack of
jurisdiction and DENIED in part. Additionally, the Government’s motion
to dismiss is DENIED as moot.
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