Filed: Mar. 08, 2018
Latest Update: Mar. 03, 2020
Summary: Case: 17-60004 Document: 00514378561 Page: 1 Date Filed: 03/08/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 17-60004 Fifth Circuit Summary Calendar FILED March 8, 2018 Lyle W. Cayce OSCAR LEONARDO PORTILLO, Clerk Petitioner v. JEFFERSON B. SESSIONS, III, U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A094 283 325 Before REAVLEY, PRADO, and GRAVES, Circuit Judges. PER CURIAM: * O
Summary: Case: 17-60004 Document: 00514378561 Page: 1 Date Filed: 03/08/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 17-60004 Fifth Circuit Summary Calendar FILED March 8, 2018 Lyle W. Cayce OSCAR LEONARDO PORTILLO, Clerk Petitioner v. JEFFERSON B. SESSIONS, III, U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A094 283 325 Before REAVLEY, PRADO, and GRAVES, Circuit Judges. PER CURIAM: * Os..
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Case: 17-60004 Document: 00514378561 Page: 1 Date Filed: 03/08/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 17-60004
Fifth Circuit
Summary Calendar
FILED
March 8, 2018
Lyle W. Cayce
OSCAR LEONARDO PORTILLO, Clerk
Petitioner
v.
JEFFERSON B. SESSIONS, III, U. S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A094 283 325
Before REAVLEY, PRADO, and GRAVES, Circuit Judges.
PER CURIAM: *
Oscar Leonardo Portillo, a native and citizen of Honduras, petitions for
review of an order of the Board of Immigration Appeals (BIA). He challenges
the decision to pretermit his application for cancellation of removal for
nonpermanent residents. According to Portillo, the Immigration Judge
improperly pretermitted his application due to his multiple criminal offenses
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-60004 Document: 00514378561 Page: 2 Date Filed: 03/08/2018
No. 17-60004
with an aggregate sentence to confinement of five years or more. See
8 U.S.C. 1182(a)(2)(B), 1229b(b)(1)(C).
In part, Portillo’s challenge is foreclosed by our court’s ruling in Pina-
Galindo v. Lynch, 803 F.3d 193, 194-95 (5th Cir. 2015). There, a panel
determined that the BIA had reasonably rejected the argument that the
statutory reference to a singular “offense under § 1182(a)(2)(B)” did not “limit
ineligibility for cancellation of removal to offenses under § 1182(a)(2)(A).”
Pina-Galindo, 803 F.3d at 194-95. To the extent that Portillo argues that we
should revisit the issue in
Pina-Galindo, 803 F.3d at 194-95, we are prohibited
from doing so here. Mercado v. Lynch,
823 F.3d 276, 279 (5th Cir. 2016) (“[O]ne
panel of our court may not overturn another panel’s decision, absent an
intervening change in the law, such as by a statutory amendment, or the
Supreme Court, or our en banc court.”) (internal citation and quotation marks
omitted).
As for Portillo’s remaining argument that the Immigration Judge
prematurely pretermitted his application for relief, the argument is
unexhausted. Therefore, we lack jurisdiction to consider it. See Omari v.
Holder, 562 F.3d 314, 319-21 (5th Cir. 2009).
PETITION DENIED IN PART AND DISMISSED IN PART.
2
