Cruz Carrasco-Chavez v. Eric Holder, Jr., No. 12-2094 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2094 CRUZ CARRASCO-CHAVEZ, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: May 16, 2013 Decided: June 20, 2013 Before NIEMEYER, AGEE, and DIAZ, Circuit Judges. Petition denied by unpublished per curiam opinion. W. Rob Heroy, GOODMAN, CARR, LAUGHRUN, LEVINE & GREENE, Charlotte, North Carolina, for Petitioner. Stuart F. Delery, Principal Deputy Assistant Attorney General, Michelle Latour, Deputy Director, Joshua Wilkenfeld, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Cruz Carrasco-Chavez, a native and citizen of Mexico, seeks review of an order of the Board of Immigration Appeals (Board) affirming the Immigration Judge s (IJ) decision denying relief from removal. Carrasco-Chavez asserts that the IJ erred in pretermitting his application for cancellation of removal. We have reviewed Carrasco-Chavez s claims and the administrative record and conclude that they are without merit. See Salem v. Holder, 647 F.3d 111 (4th Cir. 2011), cert. denied, 132 S. Ct. 1000 (2012) (holding that where the relevant evidence of conviction is in equipoise, a petitioner has not satisfied his statutory burden to prove eligibility for relief from removal). We accordingly deny the stated by the Board. 23, 2012). legal before for review for the reasons See In re Carrasco-Chavez, (B.I.A. Aug. We dispense with oral argument because the facts and contentions this petition court are adequately and argument presented would not in aid the the materials decisional process. PETITION DENIED 2

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