UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-2455
ENCARNACION AMAYA-LEMUS,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals.
Submitted: August 27, 2019 Decided: September 10, 2019
Before DIAZ and FLOYD, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
Alfred Lincoln Robertson, Jr., ROBERTSON LAW OFFICE, PLLC, Alexandria, Virginia,
for Petitioner. Joseph H. Hunt, Assistant Attorney General, Anthony P. Nicastro, Assistant
Director, Linda Y. Cheng, Office of Immigration Litigation, Civil Division, UNITED
STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Encarnacion Amaya-Lemus, a native and citizen of Honduras, petitions for review
of an order of the Board of Immigration Appeals (Board) dismissing his appeal from the
immigration judge’s decision denying his motion to reopen and rescind his in absentia
removal order. We have reviewed the administrative record and the Board’s order and find
no abuse of discretion. See 8 C.F.R. § 1003.23(b) (2019). We therefore deny the petition
for review for the reasons stated by the Board. * See In re Amaya-Lemus (B.I.A. Nov. 6,
2018). 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
*
We lack jurisdiction to consider claims raised for the first time on appeal on the
ground that Amaya-Lemus failed to exhaust his administrative remedies before the Board.
See 8 U.S.C. § 1252(d)(1) (2012); Massis v. Mukasey, 549 F.3d 631, 638-40 (4th Cir.
2008).
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