Mirna Benitez-Guevara v. Merrick Garland
Mirna Benitez-Guevara v. Merrick Garland
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 20-2267
MIRNA LIZETH BENITEZ-GUEVARA,
Petitioner,
v.
MERRICK B. GARLAND, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals.
Submitted: December 1, 2021 Decided: January 4, 2022
Before KING and WYNN, Circuit Judges, and FLOYD, Senior Circuit Judge.
Petition dismissed in part and denied in part by unpublished per curiam opinion.
Marc Seguinót, SEGUINÓT & ASSOCIATES, PC, Fairfax, Virginia, for Petitioner. Brian M. Boynton, Acting Assistant Attorney General, Leslie McKay, Acting Assistant Director, Sarah K. Pergolizzi, 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Unpublished opinions are not binding precedent in this circuit.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:
Mirna Lizeth Benitez-Guevara, a native and citizen of El Salvador, petitions for
review of an order of the Board of Immigration Appeals (Board) dismissing her appeal
from the Immigration Judge’s denial of her applications for asylum and withholding of
removal. * Upon review, we conclude that Benitez-Guevara failed to administratively
exhaust her claim that she suffered past persecution. See Perez Vasquez v. Garland,
4 F.4th 213, 228-29(4th Cir. 2021). Accordingly, we dismiss the petition for review in part with
respect to this claim.
Turning to the remaining claims, we have thoroughly reviewed the record and
conclude that the evidence does not compel a ruling contrary to any of the administrative
factual findings, see U.S.C. § 1252(b)(4)(B), and that substantial evidence supports the
denial of relief, see INS v. Elias-Zacarias,
502 U.S. 478, 481(1992). Accordingly, we
deny the petition for review in part for the reasons stated by the Board. In re
Benitez-Guevara (B.I.A. Nov. 19, 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.
PETITION DISMISSED IN PART, DENIED IN PART
* Benitez-Guevara does not challenge the denial of her application for relief under the Convention Against Torture.
2
Reference
- Status
- Unpublished