Benito Sanchez-Garcia v. Eric Holder, Jr.

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-1256

BENITO SANCHEZ-GARCIA,

Petitioner,

ERIC H. HOLDER, JR., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration
Appeals.

Submitted: October 8, 2014 Decided: October 20, 2014

Before WILKINSON, NIEMEYER, and FLOYD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Arturo H. Hernandez, Sterling, Virginia, for Petitioner. Stuart
F. Delery, Assistant Attorney General, Nancy Friedman, Senior
Litigation Counsel, Margaret A. O’Donnell, Office of Immigration
Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington,
D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Benito Sanchez-Garcia, a native and citizen of Mexico,

petitions for review of an order of the Board of Immigration

Appeals (“Board”) dismissing his appeal from the immigration

judge’s denial of his requests for cancellation of removal and

voluntary departure. We have reviewed the administrative record

and the Board’s order and find no error in the Board’s

conclusion that Sanchez-Garcia is statutorily ineligible for

both forms of relief. See 8 U.S.C. § 1229c(c) (2012) (providing

that an alien shall not be permitted to “depart voluntarily

. . . if the alien was previously permitted to so depart after

having been found inadmissible under [8 U.S.C. §] 1182(a)(6)(A)

[2012]); Garcia v. Holder, 732 F.3d 308 (4th Cir. 2013) (holding

that Board’s ruling that alien’s continuous physical presence

terminated when he voluntarily departed country was a reasonable

interpretation of 8 U.S.C. § 1229b (2012)).

We therefore deny the petition for review for the

reasons stated by the Board. See In re: Sanchez-Garcia (B.I.A.

Feb. 21, 2014). We dispense with oral argument because the

facts and legal contentions are adequately presented in the

materials before this court and argument would not aid the

decisional process.

PETITION DENIED