Arben Gjika v. MERRICK B. GARLAND, Attorney General

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-1983
ARBEN GJIKA,
Petitioner,
v.
MERRICK B. GARLAND, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals.
Submitted: July 18, 2024 Decided: August 30, 2024
Before WILKINSON and HEYTENS, Circuit Judges, and FLOYD, Senior Circuit Judge.
Petition dismissed by unpublished per curiam opinion.
ON BRIEF: Brad Banias, BANIAS LAW, LLC, Charleston, South Carolina, for
Petitioner. Brian M. Boynton, Principal Deputy Assistant Attorney General, Anthony C.
Payne, Assistant Director, Jennifer A. Bowen, 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Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Arben Gjika, a native and citizen of Albania, petitions for review of an order of the
Board of Immigration Appeals (Board) granting Gjika’s motion to reconsider but declining
to reopen its discretionary denial of Gjika’s request for a § 212(i) waiver of inadmissibility.
See 8 U.S.C. § 1182(i)(1). Upon review, we conclude that we lack jurisdiction to consider
Gjika’s claims challenging the Board’s refusal to reopen its discretion-based decision. See
8 U.S.C. §§ 1182(i)(2), 1252(a)(2)(B)(i). While we retain jurisdiction to review
constitutional claims and questions of law, 8 U.S.C. § 1252(a)(2)(D), Gjika’s claims do not
so qualify. Accordingly, we dismiss the petition for review for lack of jurisdiction. In re
Gjika (B.I.A. Aug. 25, 2023). 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

-- 2 of 2 --