Herrera-Torres v. Garland ( 2023 )

Case: 22-60532 Document: 00516735438 Page: 1 Date Filed: 05/02/2023
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
FILED
No. 22-60532 May 2, 2023
Summary Calendar
____________ Lyle W. Cayce
Clerk
Eloisa Herrera-Torres,
Petitioner,
versus
Merrick Garland, U.S. Attorney General,
Respondent.
______________________________
Petition for Review of an Order of
the Board of Immigration Appeals
Agency No. A075 786 650
______________________________
Before Smith, Southwick, and Douglas, Circuit Judges.
Per Curiam: *
Eloisa Herrera-Torres, a native and citizen of Mexico, petitions for
review of an order of the Board of Immigration Appeals (“BIA”) denying her
motion to reconsider its dismissal of her appeal of a decision of an immigra-
tion judge that she was ineligible for cancellation of removal and ordering her
removed.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-60532 Document: 00516735438 Page: 2 Date Filed: 05/02/2023
No. 22-60532
Herrera-Torres presents no contention concerning the reasons given
by the BIA in its denial of her motion but instead raises a new argument chal-
lenging the conclusion that her 2013 conviction disqualified her from cancel-
lation of removal. Insofar as she challenges the denial of her motion to re-
consider, Herrera-Torres has not shown that that ruling represents an abuse
of the BIA’s discretion. See Gonzalez Hernandez v. Garland, 9 F.4th 278, 283
(5th Cir. 2021), cert. denied, 143 S. Ct. 86 (2022). Insofar as she presents a
new argument for our consideration, we lack jurisdiction over it because it
was not first presented to the BIA. See Martinez-Guevara v. Garland,
27 F.4th 353, 359–60 (5th Cir. 2022); 8 U.S.C. § 1252(d)(1).
The petition for review is DENIED in part and DISMISSED in
part.
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