Moreno v. Garland

United States Court of Appeals For the First Circuit No. 21-1237 FELIX MORENO, Petitioner, v. MERRICK B. GARLAND, UNITED STATES ATTORNEY GENERAL, Respondent. PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS Before Barron, Chief Judge, Lipez and Gelpí, Circuit Judges. Randy Olen for petitioner. Jessica R. Lesnau, Office of Immigration Litigation, Civil Division, United States Department of Justice, with whom Brian M. Boynton, Assistant Attorney General, and Anna Juarez, Senior Litigation Counsel, Office of Immigration Litigation, were on brief, for respondent. October 14, 2022 GELPÍ, Circuit Judge. Petitioner Felix Moreno ("Moreno" or "Petitioner") seeks review of a final removal order upheld by the Board of Immigration Appeals ("BIA"). He sought adjustment of status under 8 U.S.C. § 1255(a), which the Immigration Judge ("IJ") denied. He then appealed the denial of his status adjustment application to the BIA, while also moving to remand based on new evidence. The BIA dismissed Moreno's appeal and denied his motion to remand. Petitioner contends before us that the BIA committed legal error and abused its discretion in failing to adequately address new evidence. We deny Moreno's petition for review. I. BACKGROUND A. MORENO'S ENTRY AND IMMIGRATION STATUS Moreno, a 54-year-old native and citizen of Cape Verde, entered the United States on April 11, 1989, with a B-2 visitor visa with authorization to stay until June 1, 1989, under former section 101(a)(15) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 101(a)(15). In 2015, his U.S.-citizen son, Felix Samedo Sequeira Jr., petitioned for an I-130 immigrant visa,1 available to immediate relatives of U.S. citizens, on Moreno's behalf. This was a necessary step for Moreno to become eligible for adjustment An I-130 petition allows a U.S. citizen or lawful permanent 1 resident to sponsor an alien relative's application for permanent resident status. - 2 - of status. The I-130 immigrant visa was approved by U.S. Citizenship and Immigration Services on May 6, 2019. B. MORENO'S INITIAL REMOVAL PROCEEDINGS In 1995, the Immigration and Naturalization Service ("INS") initiated removal proceedings charging Moreno with overstaying his visa by remaining in the United States for a time longer than permitted after being admitted as a nonimmigrant visitor, and thus, he was subject to removal under former INA section 241(a)(1)(B).2 At the initial hearing held on June 7, 1995, Moreno denied the factual allegations, contested the charges of removability, and declined to designate a country of removal. However, the IJ designated Cape Verde as the country of removal. In lieu of deportation, Moreno sought voluntary departure. At a continued hearing held on December 29, 1995, Petitioner was found removable and was granted voluntary departure to take place by April 29, 1996. On April 30, 1996, Moreno filed a motion to reopen seeking suspension of deportation.3 At a hearing held on March 2Moreno was also charged with seeking to procure entry into the United States via fraud or misrepresentation under section 212(a)(6)(C)(i) of the INA. This ground was later withdrawn. 3 Suspension of deportation was the predecessor …

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