Filed: May 23, 2016
Latest Update: Mar. 02, 2020
Summary: Case: 15-60113 Document: 00513517751 Page: 1 Date Filed: 05/23/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-60113 FILED Summary Calendar May 23, 2016 Lyle W. Cayce Clerk CARLOS EDUARDO VALLEJO-DELGADO, Petitioner v. LORETTA LYNCH, U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A070 608 193 Before JOLLY, DENNIS, and PRADO, Circuit Judges. PER CURIAM: * Carlos Edu
Summary: Case: 15-60113 Document: 00513517751 Page: 1 Date Filed: 05/23/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-60113 FILED Summary Calendar May 23, 2016 Lyle W. Cayce Clerk CARLOS EDUARDO VALLEJO-DELGADO, Petitioner v. LORETTA LYNCH, U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A070 608 193 Before JOLLY, DENNIS, and PRADO, Circuit Judges. PER CURIAM: * Carlos Edua..
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Case: 15-60113 Document: 00513517751 Page: 1 Date Filed: 05/23/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-60113 FILED
Summary Calendar
May 23, 2016
Lyle W. Cayce
Clerk
CARLOS EDUARDO VALLEJO-DELGADO,
Petitioner
v.
LORETTA LYNCH, U. S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A070 608 193
Before JOLLY, DENNIS, and PRADO, Circuit Judges.
PER CURIAM: *
Carlos Eduardo Vallejo-Delgado, a native and citizen of Mexico, petitions
for review of the order of the Board of Immigration Appeals (BIA) dismissing
his appeal of the immigration judge’s (IJ) denial of his motion to reopen his in
absentia removal proceedings. We have jurisdiction to review the denial of this
motion. See Nolos v. Holder,
611 F.3d 279, 281 (5th Cir. 2010).
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 15-60113 Document: 00513517751 Page: 2 Date Filed: 05/23/2016
No. 15-60113
Because the BIA affirmed the IJ’s decision without opinion, the IJ’s
decision is the final agency determination for purposes of our review. See
Soadjede v. Ashcroft,
324 F.3d 830, 831-32 (5th Cir. 2003). We review the BIA’s
denials of motions to reopen under a “highly deferential abuse-of-discretion
standard.” Zhao v. Gonzales,
404 F.3d 295, 303 (5th Cir. 2005).
Vallejo-Delgado does not challenge the BIA’s holdings that, insofar as he
requested reopening based upon an exceptional circumstance and in order to
request new relief from removal, his motion was untimely; consequently, he
has abandoned any such challenges. See
Soadjede, 324 F.3d at 833. Service of
notice of the removal hearing upon Vallejo-Delgado’s attorney, which service
Vallejo-Delgado does not dispute, constituted adequate notice. See 8 U.S.C.
§ 1229a(b)(5)(A); 8 C.F.R. § 1292.5(a); Rodriguez-Manzano v. Holder,
666 F.3d
948, 953 n.6 (5th Cir. 2012); Men Ken Chang v. Jiugni,
669 F.2d 275, 277-78
(5th Cir. 1982). Vallejo-Delgado fails to show that the BIA abused its
discretion.
Zhao, 404 F.3d at 303.
The motion for summary disposition is GRANTED, and the petition for
review is DENIED.
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