U.S. Court of Appeals for the Fourth Circuit, 2017

Eric Garay Villegas v. Jefferson Sessions III

U.S. Court of Appeals for the Fourth Circuit · Decided August 16, 2017 · Motz, Duncan, Thacker

695 F. App'x 61

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Eric Ronaldo Garay Villegas, a native and citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals (Board) denying his motion to reopen. We have reviewed the Board’s order, in conjunction with the administrative record, and conclude that the Board did not abuse its discretion in denying the motion as untimely. See 8 C.F.R. § 1003.2(c)(2) (2017). We therefore deny the petition for review substantially * for the reasons stated by the Board. See In re Garay Villegas (B.I.A. Nov. 17, 2016). 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

Even assuming that Garay Villegas substantially complied with the requirements set forth in In re Lozada, 19 I. & N. Dec. 637 (B.I.A. 1988), as he contends, substantial evidence supports the Board’s alternative conclusion that "the face of the record itself does not demonstrate ineffective assistance of counsel."

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