U.S. Court of Appeals for the Fourth Circuit, 2023

Javier Reyes v. Merrick Garland

Javier Reyes v. Merrick Garland
U.S. Court of Appeals for the Fourth Circuit · Decided April 18, 2023

Javier Reyes v. Merrick Garland

Opinion

USCA4 Appeal: 22-1507 Doc: 23 Filed: 04/18/2023 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-1507

JAVIER ALEXIS REYES, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals.

Submitted: February 17, 2023 Decided: April 18, 2023

Before RICHARDSON, QUATTLEBAUM, and RUSHING, Circuit Judges.

Petition denied by unpublished per curiam opinion.

ON BRIEF: Ivan Yacub, YACUB LAW OFFICES, LLC, Woodbridge, Virginia, for Petitioner. Brian M. Boynton, Principal Deputy Assistant Attorney General, Janice K.

Redfern, Senior Litigation Counsel, Beau J. Baumann, 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Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 22-1507 Doc: 23 Filed: 04/18/2023 Pg: 2 of 2

PER CURIAM: Javier Alexis Reyes, a native and citizen of Honduras, petitions for review of an order of the Board of Immigration Appeals adopting and affirming the Immigration Judge’s decision denying Reyes’ motion to terminate and denying his application for cancellation of removal. On appeal, Reyes raises a single claim, contending that 8 C.F.R. § 1003.15(b)-(c) (2022) is inconsistent with 8 U.S.C. § 1229(a)(1)(G) and is therefore ultra vires. We find no reversible error and so deny the petition for review. 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

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