Moises Mejia-Cartagena v. Jefferson Sessions, III


Case: 17-60488 Document: 00514580747 Page: 1 Date Filed: 08/01/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-60488 FILED Summary Calendar August 1, 2018 Lyle W. Cayce Clerk MOISES MEJIA-CARTAGENA, Petitioner v. JEFFERSON B. SESSIONS, III, U.S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A098 911 858 Before REAVLEY, WILLETT, and DUNCAN, Circuit Judges. PER CURIAM: * Moises Mejia-Cartagena, a native and citizen of El Salvador, petitions this court for review of the decision of the Board of Immigration Appeals (BIA) dismissing his appeal of the denial by the Immigration Judge (IJ) of the motion to reopen his in absentia removal proceedings. He argues that the BIA failed to examine the entire record, failed to apply the proper standard of review, and summarily dismissed his appeal with boilerplate responses to the issues raised * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 17-60488 Document: 00514580747 Page: 2 Date Filed: 08/01/2018 No. 17-60488 in his motion to reopen. Mejia-Cartagena also argues that: (1) the BIA summarily dismissed his appeal based solely on subtle inconsistencies in his testimony and asylum application; (2) the record compels the conclusion that he belonged to a group subject to a pattern or practice of persecution; (3) he articulated specific instances of persecution and his claims were amply supported by documentation in the record; and (4) the IJ erroneously allowed the lack of corroborating evidence to be fatal to his asylum claim. These arguments are either belied by the record or wholly unrelated to the issues in Mejia-Cartagena’s case. Further, Mejia-Cartagena’s conclusional assertions that he was not afforded proper notice of the hearing, that conditions in El Salvador have changed, and that exceptional circumstances warrant reopening of his removal proceedings are insufficient to adequately raise these issues before this court. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993); see also Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003). Accordingly, his petition for review is DENIED. 2 17-60488 Court of Appeals for the Fifth Circuit ca5 5th Cir. Moises Mejia-Cartagena v. Jefferson Sessions, III 1 August 2018 Immigration Unpublished 5518488926138a8494fc2934a0bb3d758a2edbab

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