Salvador Solis Ortega v. Merrick Garland, No. 22-1094 (8th Cir. 2022)
Annotate this CaseCourt Description: [Per Curiam - Before Colloton, Gruender, and Benton, Circuit Judges] Petition for Review - Immigration. Petitioner has waived any challenge to the denial of his motion for reconsideration by failing to advance any argument that the agency erred in denying the motion.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-1094 ___________________________ Salvador Solis Ortega Petitioner v. Merrick B. Garland, Attorney General of the United States Respondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: August 16, 2022 Filed: August 19, 2022 [Unpublished] ____________ Before COLLOTON, GRUENDER, and BENTON, Circuit Judges. ____________ PER CURIAM. Mexican citizen Salvador Solis Ortega petitions for review of an order of the Board of Immigration Appeals denying his motion for reconsideration as untimely. Having jurisdiction under 8 U.S.C. § 1252, this court denies the petition. Solis Ortega requests a remand or an abeyance to permit the United States Citizenship and Immigration Services to consider his pending nonimmigrant U-visa. Solis Ortega waived any challenge to the denial of his motion for reconsideration, because he failed to advance any argument that the agency erred in denying the motion. See Chay-Velasquez v. Ashcroft, 367 F.3d 751, 756 (8th Cir. 2004). He also failed to administratively exhaust the issue raised in his brief. See 8 U.S.C. § 1252(d)(1); Bakor v. Barr, 958 F.3d 732, 738-39 (8th Cir. 2020), cert. denied sub nom. Bakor v. Garland, 141 S. Ct. 2566 (2021). The petition is denied. ______________________________ -2-
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