U.S. Court of Appeals for the Fifth Circuit, 2016

Juan Melgar-Melgar v. Loretta Lynch

Juan Melgar-Melgar v. Loretta Lynch
U.S. Court of Appeals for the Fifth Circuit · Decided June 15, 2016 · King, Clement, Owen
654 F. App'x 187

Juan Melgar-Melgar v. Loretta Lynch

Opinion

PER CURIAM: *

Juan Antonio Melgar-Melgar petitions for review of the decision by the Board of Immigration Appeals (BIA) to dismiss his appeal of the Immigration Judge’s (IJ) •order denying his motion to reopen. Melgar-Melgar’s conclusional assertion that •he did not receive notice of the removal hearing fails to show any abuse of discre-tion in the denial of his motion to reopen. See Zhao v. Gonzales, 404 F.3d 295, 303- *188 04 (5th Cir. 2005). We lack jurisdiction to review Melgar-Melgar’s due process claims because he failed to exhaust them before the BIA. See Claudio v. Holder, 601 F.3d 316, 318-19 (5th Cir. 2010); Omari v. Holder, 562 F.3d 314, 319-21 (5th Cir. 2009).

Melgar-Melgar’s petition for review is DENIED in part and DISMISSED in part for lack of jurisdiction.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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