Jose Lopez v. Eric Holder, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: A74-273-755. Copies to all parties and the district court/agency. [998651506] [11-1123]

Appeal: 11-1123

Document: 18

Date Filed: 08/10/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-1123

JOSE V. LOPEZ,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.

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

Submitted:

July 7, 2011

Decided:

August 10, 2011

Before WILKINSON, KING, and DIAZ, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Jason Pope, BERLIN AND ASSOCIATES, P.A., Baltimore, Maryland,
for Petitioner. Tony West, Assistant Attorney General, Luis E.
Perez, Senior Litigation Counsel, John B. Holt, Office of
Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE,
Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jose V. Lopez, a native and citizen of El Salvador,
petitions for review of an order of the Board of Immigration
Appeals denying his motion to reconsider.

We deny the petition

for review.
The denial of a motion to reconsider is reviewed for
abuse of discretion.

Narine v. Holder, 559 F.3d 246, 249 (4th

Cir. 2009); Jean v. Gonzales, 435 F.3d 475, 481 (4th Cir. 2006).
To be successful, a motion to reconsider must assert that the
Board made an error of law or fact in its earlier decision.
8 C.F.R. § 1003.2(b)(1).
motion

to

reconsider

See

This court will reverse a denial of a

“only

if

the

irrationally, or contrary to law.”

Board

acted

arbitrarily,

Narine, 559 F.3d at 249

(internal quotation marks omitted).
We

conclude

that

the

Board

did

not

abuse

its

discretion in ruling that there was no error in its earlier
decision that Lopez was not eligible for voluntary departure
under 8 U.S.C. § 1229c(a)(1) (2006).

We also conclude that the

Board did not err in finding that Lopez failed to meet his
burden of showing that he was eligible for voluntary departure
under 8 U.S.C. § 1229c(b)(1).
Accordingly,
dispense

with

oral

we

deny

argument

the

petition

because

2

the

for
facts

review.
and

We
legal

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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.

PETITION DENIED

3