Encarnacion Amaya-Lemus v. William Barr

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-2455 ENCARNACION AMAYA-LEMUS, Petitioner, v. WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: August 27, 2019 Decided: September 10, 2019 Before DIAZ and FLOYD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Alfred Lincoln Robertson, Jr., ROBERTSON LAW OFFICE, PLLC, Alexandria, Virginia, for Petitioner. Joseph H. Hunt, Assistant Attorney General, Anthony P. Nicastro, Assistant Director, Linda Y. Cheng, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Encarnacion Amaya-Lemus, a native and citizen of Honduras, petitions for review of an order of the Board of Immigration Appeals (Board) dismissing his appeal from the immigration judge’s decision denying his motion to reopen and rescind his in absentia removal order. We have reviewed the administrative record and the Board’s order and find no abuse of discretion. See 8 C.F.R. § 1003.23(b) (2019). We therefore deny the petition for review for the reasons stated by the Board. * See In re Amaya-Lemus (B.I.A. Nov. 6, 2018). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. PETITION DENIED * We lack jurisdiction to consider claims raised for the first time on appeal on the ground that Amaya-Lemus failed to exhaust his administrative remedies before the Board. See 8 U.S.C. § 1252(d)(1) (2012); Massis v. Mukasey, 549 F.3d 631, 638-40 (4th Cir. 2008). 2 18-2455 Court of Appeals for the Fourth Circuit ca4 4th Cir. Encarnacion Amaya-Lemus v. William Barr 10 September 2019 Unpublished 88a5f10e395001045725950d097b6778f8e827a8

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