Maritza Barriga-Vega v. Loretta Lynch

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: A200-196-314, A200-196-317, A200-196-319, A200-196-320, A200-196-321 Copies to all parties and the district court/agency. [999727217]. [15-1567]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-1567

MARITZA ISABEL BARRIGA-VEGA;
MARTINEZ;
HARLEY
SEBASTIAN
VELASQUEZ-BARRIGA; G.V.,

RAFAEL ARTURO VELASQUEZVELASQUEZ-BARRIGA;
ANGIE

Petitioners,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.

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

Submitted:

November 17, 2015

Before DUNCAN
Circuit Judge.

and

DIAZ,

Circuit

Decided:

Judges,

December 30, 2015

and

DAVIS,

Senior

Petition denied in part and dismissed in part by unpublished per
curiam opinion.

Daniel Christmann, CHRISTMANN LEGAL IMMIGRATION LAW, Charlotte,
North Carolina, for Petitioner.
Benjamin C. Mizer, Principal
Deputy Assistant
Attorney
General,
Justin
Markel,
Senior
Litigation Counsel, Benjamin J. Zeitlin, 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Unpublished opinions are not binding precedent in this circuit.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:
Rafael Arturo Velasquez-Martinez, his wife, Maritza Isabel
Barriga-Vega, and their three children, natives and citizens of
Colombia,

petition

Immigration

Appeals

for

review

(Board)

of

an

order

dismissing

of

their

the

Board
from

appeal

of
the

immigration judge’s denial of Velasquez-Martinez’s requests for
asylum,

withholding

of

removal,

and

protection

under

the

the

record,

including

the

Convention Against Torture.
We

have

transcript

of

thoroughly

Velasquez-Martinez’s

supporting evidence.
not

compel

a

reviewed

ruling

merits

hearing

and

all

We conclude that the record evidence does
contrary

to

any

of

the

administrative

factual findings, see 8 U.S.C. § 1252(b)(4)(B) (2012), and that
substantial evidence supports the Board’s decision.
Elias–Zacarias, 502 U.S. 478, 481 (1992).

See INS v.

Accordingly, we deny

the petition for review in part for the reasons stated by the
Board.
We

See In re: Barriga-Vega (B.I.A. Apr. 27, 2015).
lack

jurisdiction

to

consider

Velasquez-Martinez’s

challenges to the immigration judge’s denial of his request for
protection under the Convention Against Torture on the ground
that he failed to exhaust his administrative remedies.

See 8

U.S.C. § 1252(d)(1) (2012); Massis v. Mukasey, 549 F.3d 631,
638-40 (4th Cir. 2008).

We therefore dismiss this portion of

the petition for review.
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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 IN PART
AND DISMISSED IN PART

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