United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-1883 ___________________________ Cuong Phu Le lllllllllllllllllllllPetitioner v. Jeffrey A. Rosen, Acting Attorney General of United States1 lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: January 13, 2021 Filed: January 19, 2021 [Unpublished] ____________ Before LOKEN, BENTON, and ERICKSON, Circuit Judges. ____________ PER CURIAM. 1 Jeffrey A. Rosen has been appointed to serve as Acting Attorney General of the United States, and is substituted as respondent pursuant to Federal Rule of Appellate Procedure 43(c). Cuong Phu Le, a native and citizen of Vietnam, filed a motion to reopen his removal proceedings to allow him to seek adjustment of status, based on his marriage to a United States citizen soon after an immigration judge entered a pre-conclusion voluntary departure order. The immigration judge denied the motion, and the Board of Immigration Appeals summarily affirmed. After careful review, we conclude that the agency acted within its discretion in denying the motion to reopen. See Sharif v. Barr, 965 F.3d 612, 618 (8th Cir. 2020) (standard of review); Miah v. Mukasey, 519 F.3d 784, 789-90 (8th Cir. 2008); Fongwo v. Gonzales, 430 F.3d 944, 947 n.2 (8th Cir. 2005). Accordingly, we deny the petition for review. ______________________________ -2- 20-1883 Court of Appeals for the Eighth Circuit ca8 8th Cir. Cuong Le v. Jeffrey A. Rosen 19 January 2021 Unpublished d350703cae470a4b51fe27e98117b370a8186251
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