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221334P.pdf 07/13/2023 Alexander Arroyo-Sosa v. Merrick Garland
U.S. Court of Appeals Case No: 22-1334
and No: 222593
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Shepherd, Author, with Loken and Kelly, Circuit Judges]
Petition for Review - Immigration. The BIA did not abuse its discretion in
denying petitioner's motion for reconsideration alleging a due process
violation, as petitioner failed to demonstrate actual prejudice; any error
by the BIA in applying the wrong legal standard to petitioner's motion to
reopen was immaterial as the BIA applied a less-stringent standard; this
court lacked jurisdiction to review petitioner's challenge to the BIA's
determination that he failed to provide sufficient evidence to support his
claim of familial hardship; this court need not consider petitioner's
claim that the agency violated his procedural due process rights in
denying his asylum application, as he waived any challenge to the BIA's
alternative holding that his asylum application was untimely, which was
dispositive of the application.