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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.