Case: 22-60532 Document: 00516735438 Page: 1 Date Filed: 05/02/2023 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 22-60532 May 2, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk Eloisa Herrera-Torres, Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. ______________________________ Petition for Review of an Order of the Board of Immigration Appeals Agency No. A075 786 650 ______________________________ Before Smith, Southwick, and Douglas, Circuit Judges. Per Curiam: * Eloisa Herrera-Torres, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying her motion to reconsider its dismissal of her appeal of a decision of an immigra- tion judge that she was ineligible for cancellation of removal and ordering her removed. _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-60532 Document: 00516735438 Page: 2 Date Filed: 05/02/2023 No. 22-60532 Herrera-Torres presents no contention concerning the reasons given by the BIA in its denial of her motion but instead raises a new argument chal- lenging the conclusion that her 2013 conviction disqualified her from cancel- lation of removal. Insofar as she challenges the denial of her motion to re- consider, Herrera-Torres has not shown that that ruling represents an abuse of the BIA’s discretion. See Gonzalez Hernandez v. Garland, 9 F.4th 278, 283 (5th Cir. 2021), cert. denied, 143 S. Ct. 86 (2022). Insofar as she presents a new argument for our consideration, we lack jurisdiction over it because it was not first presented to the BIA. See Martinez-Guevara v. Garland, 27 F.4th 353, 359–60 (5th Cir. 2022); 8 U.S.C. § 1252(d)(1). The petition for review is DENIED in part and DISMISSED in part. 2 22-60532 Court of Appeals for the Fifth Circuit ca5 5th Cir. Herrera-Torres v. Garland 2 May 2023 Immigration Unpublished 87fdc862d4433c97121e2bce928e6f41c8e02f98
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