Resmond Banke v. Merrick Garland

U.S. Court of Appeals for the Fourth Circuit

Resmond Banke v. Merrick Garland

Opinion

USCA4 Appeal: 24-1609 Doc: 17 Filed: 01/21/2025 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-1609

RESMOND BANKE,

Petitioner,

v.

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Submitted: January 16, 2025 Decided: January 21, 2025

Before KING, GREGORY, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Resmond Banke, Petitioner Pro Se. Anthony Cardozo Payne, Assistant Director, Jessica Danielle Strokus, 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Unpublished opinions are not binding precedent in this circuit.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: 24-1609 Doc: 17 Filed: 01/21/2025 Pg: 2 of 2

PER CURIAM:

Resmond Banke, a native and citizen of the Republic of the Marshall Islands,

petitions for review of an order of the Board of Immigration Appeals (Board) upholding

the denial of his application for cancellation of removal and denying his motion to remand.

On appeal, Banke claims that the Board should have granted his motion to remand because

he did not have the opportunity to apply for asylum and related relief. Upon review, where

Banke failed to submit supporting evidence or otherwise demonstrate a prima facie case

for relief, we find no abuse of discretion in the Board’s denial of his request for remand.

Obioha v. Gonzales,

431 F.3d 400, 408

(4th Cir. 2005); see

8 C.F.R. § 1003.2

(a), (c)(1)

(2024).

Accordingly, we deny the petition for review. In re Banke (B.I.A. June 5, 2024).

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

2

Reference

Status
Unpublished