NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ Nos. 20-1420 and 20-2472 ___________ MARCOS LOPEZ-BELTRAN, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A098-242-926) Immigration Judge: Annie S. Garcy ____________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) March 1, 2021 Before: GREENAWAY, JR., KRAUSE, and BIBAS, Circuit Judges (Opinion filed: March 1, 2021) ___________ OPINION * ___________ PER CURIAM Marcos Lopez-Beltran petitions for review of two orders issued by the Board of Immigration Appeals (BIA), the first summarily dismissing his appeal and the second denying his motion to reopen. We will deny both petitions. * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not Lopez-Beltran, a citizen of Mexico, entered the United States in 1988 when he was an infant, left three years later, then returned in 2007 when he was 18. In 2009, the Department of Homeland Security served him with a Notice to Appear (NTA) charging him with removability under 8 U.S.C. § 1182(a)(6)(A)(i), which authorizes removal of aliens unlawfully present in the United States. Through counsel, he conceded the charge. From 2009 until 2018, the Immigration Judge (IJ) administering the case granted several continuances while petitioner pursued different forms of relief, but in April 2018, the IJ denied petitioner’s request for another continuance and entered an order of removal. 1 Lopez-Beltran appealed to the BIA. The BIA summarily dismissed it because the notice of appeal did not lay out specific reasons for his challenge to the IJ’s decision, and he failed to file a brief or explain why he did not. See BIA Dec. 12/6/19. Lopez-Beltran filed a timely, pro se petition for review in the Ninth Circuit, and it was transferred to this Court because removal proceedings occurred in New Jersey. The docketing of that petition opened C.A. No. 20-1420. In the meantime, Lopez-Beltran filed a timely motion to reopen in the BIA, which was denied. See BIA Dec. 6/15/20. Lopez-Beltran constitute binding precedent. 1 Lopez-Beltran unsuccessfully applied to secure relief under the Deferred Action for Childhood Arrivals (DACA) program. Lopez-Beltran then married an asylee who had applied for U.S. citizenship. Lopez-Beltran’s wife filed a Form I-130, Petition for Alien Relative, on his behalf. An approved Form I-130 can confirm that an alien is the spouse of a United States citizen and is a step in obtaining a “green card.” Apparently, his hope was that, once he obtained an approved Form I-130, he could seek to administratively terminate removal proceedings in order to file a Form I-601A and obtain a “provisional unlawful presence waiver.” See A.R. at 85. 2 petitioned for review of the BIA’s order, which opened C.A. No. 20-2472. The two petitions are consolidated for disposition. We have jurisdiction to review final orders of removal pursuant to 8 U.S.C. § 1252(a)(1), which includes the power to review the denial of a motion to reopen in this …
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