BAUTISTA MESCUA v. ATTORNEY GENERAL OF UNITED STATES (2020)

United States Court of Appeals, Third Circuit.

Jean Carlos BAUTISTA-MESCUA, a/ka/ Jean Carlos Bautista, Petitioner v. ATTORNEY GENERAL OF the UNITED STATES of America

No. 19-3592

Decided: June 30, 2020

Before: KRAUSE, PHIPPS, Circuit Judges, and GREENBERG, Senior Judge

Regis Fernandez, Esq., Newark, NJ, for Petitioner William P. Barr, Esq., Kristen A. Giuffreda Chapman, Esq., John D. Williams, Esq., United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent

OPINION *

Petitioner Bautista-Mescua presents a single issue for review: Whether the immigration courts are deprived of jurisdiction over the case of a petitioner who receives a notice to appear that is defective under Pereira v. Sessions, ––– U.S. ––––, 138 S. Ct. 2105, 201 L.Ed.2d 433 (2018). As Bautista-Mescua acknowledges, we have already held that they are not. Nkomo v. Att'y Gen., 930 F.3d 129, 132-34 (3d Cir. 2019). Bautista-Mescua's sole challenge to his order of removal therefore fails because “the holding of a panel in a precedential opinion is binding on subsequent panels.” See Reilly v. City of Harrisburg, 858 F.3d 173, 177 (3d Cir. 2017) (quoting Policy of Avoiding Intra-circuit Conflict of Precedent, Internal Operating Procedures of the Third Circuit Court of Appeals § 9.1). For that reason, we will affirm the judgment of the Board of Immigration Appeals.

KRAUSE, Circuit Judge.

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