Alejandro Herrera v. Eric Holder, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: A075-559-695 Copies to all parties and the district court/agency. [999661860].. [14-2104]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-2104

ALEJANDRO HERRERA,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.

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

Submitted:

September 4, 2015

Before KEENAN
Circuit Judge.

and

FLOYD,

Circuit

Decided:

Judges,

September 17, 2015

and

DAVIS,

Senior

Petition dismissed by unpublished per curiam opinion.

W. Rob Heroy, GOODMAN, CARR PLLC, Charlotte, North Carolina, for
Petitioner.
Benjamin C. Mizer, Principal Deputy Assistant
Attorney General, Emily Anne Radford, Assistant Director, Erica
B. Miles, Senior Litigation Counsel, 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Unpublished opinions are not binding precedent in this circuit.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:
Alejandro

Herrera,

a

native

and

citizen

of

Mexico,

petitions for review of an order of the Board of Immigration
Appeals (Board) denying his motion to reconsider the Board’s
order dismissing his appeal from the immigration judge’s order
denying his application for adjustment of status.

We dismiss

the petition for review.
Under 8 U.S.C. § 1252(a)(2)(B)(i) (2012), “no court shall
have jurisdiction to review any judgment regarding the granting
of

relief

under

applications

for

section

.

.

adjustment

.
of

1255,”

the

status.

section
But

we

governing
do

retain

jurisdiction to review constitutional claims and questions of
law.

8 U.S.C. § 1252(a)(2)(D) (2012).

“When the Board refuses

to reconsider the discretionary denial of relief under one of
the provisions enumerated in 1252(a)(2)(B)--a decision which is
not subject to review in the first place--the court will not
have jurisdiction to review that same denial merely because it
is dressed as a motion to reconsider.”

Jean v. Gonzales, 435

F.3d 475, 481 (4th Cir. 2006).
Herrera’s argument that we have jurisdiction to review the
finding that his false testimony was indicative of a lack of
good moral character lacks merit.

The decision to deny Herrera

adjustment of status was clearly a discretionary one, supported
by his false testimony.
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The

denial

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of

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adjustment

of

status

was

a

discretionary

decision, and we are without jurisdiction to review the Board’s
order denying reconsideration of that discretionary decision. *
Jean, 435 F.3d at 481.
review.
legal
before

Accordingly, we dismiss the petition for

We dispense with oral argument because the facts and

contentions
the

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.
PETITION DISMISSED

*

Because this conclusion is dispositive of the petition for
review, we need not consider the Board’s other reasons for
denying reconsideration.

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