CALDERON BARRIOS v. GARLAND (2021)

Olga Leticia Calderon-Barrios, a native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals (Board) denying her motion to reconsider the denial of her untimely motion to reopen. To the extent Calderon-Barrios challenges the Board's refusal to reconsider its denial of her request to reopen her proceedings sua sponte, we lack jurisdiction to review this discretionary determination. See Mosere v. Mukasey, 552 F.3d 397, 400-01 (4th Cir. 2009). We therefore dismiss the petition for review in part with respect to this claim. As for the remainder of her claims, we have reviewed the administrative record and discern no abuse of discretion in the Board's denial of her motion. See Narine v. Holder, 559 F.3d 246, 249 (4th Cir. 2009). Accordingly, we deny the petition for review in part for the reasons stated by the Board. See In re Calderon-Barrios (B.I.A. June 11, 2020). 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.

DISMISSED IN PART, DENIED IN PART

PER CURIAM:

Dismissed in part, denied in part by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.