Odelis Pineda-De Portillo v. Merrick Garland


UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 21-1782 ODELIS DEL CARMEN PINEDA-DE PORTILLO, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: January 28, 2022 Decided: February 9, 2022 Before WYNN and RICHARDSON, Circuit Judges, and KEENAN, Senior Circuit Judge. Petition dismissed by unpublished per curiam opinion. ON BRIEF: John J. Garzon, THE LAW OFFICE OF JOHN J. GARZON, Sunnyside, New York, for Petitioner. Brian M. Boynton, Acting Assistant Attorney General, Anthony C. Payne, Assistant Director, Jessica D. 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 Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Odelis Del Carmen Pineda-De Portillo, a native and citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals (Board) denying her motion for reconsideration. In her opening brief, Pineda-De Portillo does not address the Board's reasons for denying reconsideration. We therefore conclude that Pineda-De Portillo has abandoned any such claim on review. See Suarez-Valenzuela v. Holder, 714 F.3d 241, 248-49 (4th Cir. 2013) (except in rare cases, failure to raise issue in opening brief constitutes abandonment of issue). Accordingly, because the Board’s order denying reconsideration is unchallenged, we dismiss the petition for review. 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 DISMISSED 2 21-1782 Court of Appeals for the Fourth Circuit ca4 4th Cir. Odelis Pineda-De Portillo v. Merrick Garland 9 February 2022 Unpublished 8fabca0bf3c0056396a680d77bcd3427ce8c0ff2

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