United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-2904 ___________________________ Jose Luis Elias-Huinac Petitioner v. Merrick B. Garland, Attorney General of United States Respondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: April 08, 2021 Filed: April 13, 2021 [Unpublished] ____________ Before COLLOTON, BENTON, and STRAS, Circuit Judges. ____________ PER CURIAM. Guatemalan citizen Jose Luis Elias-Huinac petitions for review of an order of the Board of Immigration Appeals (BIA) denying his motion to reopen proceedings. Having jurisdiction under 8 U.S.C. § 1252, this court finds no basis for reversal. This court concludes that Elias-Huinac’s due process claim is without merit. See Alva-Arellano v. Lynch, 811 F.3d 1064, 1066 (8th Cir. 2016) (to establish due process violation, noncitizen must demonstrate both fundamental procedural error, and prejudice); Nunez-Portillo v. Holder, 763 F.3d 974, 977 (8th Cir. 2014) (no constitutionally protected liberty interest in discretionary remedy of cancellation of removal). The BIA did not abuse its discretion in denying Elias-Huinac’s untimely motion to reopen. See 8 U.S.C. § 1229a(c)(7)(C)(i) (motion to reopen must be filed within 90 days of entry of final order of removal); Vargas v. Holder, 567 F.3d 387, 391 (8th Cir. 2009) (standard of review). The petition is denied. See 8th Cir. R. 47B. ______________________________ -2- 20-2904 Court of Appeals for the Eighth Circuit ca8 8th Cir. Jose Elias-Huinac v. Merrick B. Garland 13 April 2021 Unpublished 5183048f1945e0fc848751ee3909033eb065c724
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals