Case: 21-60912 Document: 00516602618 Page: 1 Date Filed: 01/09/2023 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit No. 21-60912 FILED Summary Calendar January 9, 2023 Lyle W. Cayce Clerk Gerardo Urbano, Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals Agency No. A044 550 878 Before Wiener, Elrod, and Engelhardt, Circuit Judges. Per Curiam:* Gerardo Urbano, a native and citizen of Mexico, petitions this court for review of an order of the Board of Immigration Appeals (BIA) denying his motion to reopen his proceedings. He shows no error in connection with the BIA’s conclusion that he was ineligible for equitable tolling because he did not diligently pursue his rights. See Lugo-Resendez v. Lynch, 831 F.3d 337, 344 * This opinion is not designated for publication, See 5th Cir. R. 47.5. Case: 21-60912 Document: 00516602618 Page: 2 Date Filed: 01/09/2023 No. 21-60912 (5th Cir. 2016). Because diligence is a necessary component of an equitable tolling claim, we need not consider his remaining arguments concerning this claim. See id.; INS v. Bagamasbad, 429 U.S. 24, 25 (1976). Concomitantly, he has shown no abuse of discretion in connection with the denial of his motion. See Gonzalez-Cantu v. Sessions, 866 F.3d 302, 305 (5th Cir. 2017). We lack jurisdiction to consider his argument that the BIA erred by concluding that he failed to brief, and thus waived, any argument he may have had concerning the Immigration Judge’s conclusion that he was ineligible for a waiver of inadmissibility because it was not exhausted. See Martinez- Guevara v. Garland, 27 F.4th 353, 360 (5th Cir. 2022); 8 U.S.C. § 1252(d)(1). The petition for review is DENIED in part and DISMISSED in part for want of jurisdiction. 2 21-60912 Court of Appeals for the Fifth Circuit ca5 5th Cir. Urbano v. Garland 9 January 2023 Immigration Unpublished 5b15ad6fa1e629a3b039dc2438d024760bf5dc17
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