UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-1686
CARLOS CAZARES ANDRADE,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals.
Submitted: December 12, 2019 Decided: January 14, 2020
Before KEENAN and FLOYD, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Petition dismissed in part and denied in part by unpublished per curiam opinion.
Bradley B. Banias, BARNWELL, WHALEY, PATTERSON, AND HELMS, Charleston,
South Carolina, for Petitioner. Joseph H. Hunt, Assistant Attorney General, Stephen J.
Flynn, Assistant Director, Robert Michael Stalzer, 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Unpublished opinions are not binding precedent in this circuit.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:
Carlos Cazares Andrade, a native and citizen of Mexico, petitions for review of an
order of the Board of Immigration Appeals (Board) denying his motion to reconsider. For
the reasons set forth below, we dismiss in part and deny in part the petition for review.
To the extent Cazares Andrade challenges the Board’s prior order, which dismissed
his appeal from the immigration judge’s decision and denied his motions to remand and
for administrative closure, we lack jurisdiction to consider his arguments because the only
order currently before this court is the Board’s June 10, 2019, order denying the motion to
reconsider. See 8 U.S.C. § 1252(b)(1) (2018) (providing that petition for review must be
filed no later than 30 days after date of final order of removal); Stone v. INS, 514 U.S. 386,
405 (1995) (noting that this time period is “jurisdictional in nature and must be construed
with strict fidelity to [its] terms”). Accordingly, we dismiss in part the petition for review.
We review the denial of a motion to reconsider for abuse of discretion and will
reverse “only if the Board acted arbitrarily, irrationally, or contrary to law.” Narine v.
Holder, 559 F.3d 246, 249 (4th Cir. 2009) (internal quotation marks omitted). Based on
our review of Cazares Andrade’s brief and the administrative record, we conclude that no
abuse of discretion occurred. See 8 C.F.R. § 1003.2(c)(2) (2019). We therefore deny in
part the petition for review. See In re Cazares Andrade (B.I.A. June 10, 2019). 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 DISMISSED IN PART
AND DENIED IN PART
2