DocketNumber： 22-60317
Filed Date： 3/15/2023
Status： Non-Precedential
Modified Date： 3/15/2023
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. 2