Eswin Lopez De Leon v. Monty Wilkinson, No. 20-1208 (8th Cir. 2021)

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Court Description: [Per Curiam - Before Grasz, Wollman, and Stras, Circuit Judges] Petition for Review - Immigration. The BIA did not abuse its discretion by denying petitioner's untimely motion to reopen. [ February 17, 2021 ]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-1208 ___________________________ Eswin Marco Lopez De Leon lllllllllllllllllllllPetitioner v. Monty Wilkinson, Acting Attorney General of the United States1 lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: February 12, 2021 Filed: February 18, 2021 [Unpublished] ____________ Before GRASZ, WOLLMAN, and STRAS, Circuit Judges. ____________ PER CURIAM. 1 Monty Wilkinson has been appointed to serve as Acting Attorney General of the United States, and is substituted as respondent pursuant to Federal Rule of Appellate Procedure 43(c). Guatemalan native and citizen Eswin Marco Lopez De Leon petitions for review of an order of the Board of Immigration Appeals (BIA) denying his motion to reopen his removal proceedings. Upon careful consideration of his challenges to the BIA’s order, we find no abuse of discretion in the denial of his untimely filed motion to reopen. See Clifton v Holder, 598 F.3d 486, 490-91 (8th Cir. 2010) (standard of review). The petition for review is denied. ______________________________ -2-

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