CHAVEZ TORRES v. GARLAND (2021)

Juan Jose Chavez-Torres, a native and citizen of Mexico, petitions for review the denial by the Board of Immigration Appeals (BIA) of his motion to reopen. Relying on Pereira v. Sessions, ––– U.S. ––––, 138 S. Ct. 2105, 201 L.Ed.2d 433 (2018), Chavez-Torres argues the immigration court had no jurisdiction over his removal proceedings because his notice to appear was defective in that it failed to state the time and place of his initial removal hearing. We have rejected such arguments, concluding that Pereira is limited to cases involving the stop-time rule in removal proceedings, which is not at issue here. See Pierre-Paul v. Barr, 930 F.3d 684, 689-90 (5th Cir. 2019), cert. denied, ––– U.S. ––––, 140 S. Ct. 2718, 206 L.Ed.2d 854 (2020). Because Chavez-Torres's claim is foreclosed by Pierre-Paul, he fails to show that the BIA abused its discretion in denying his motion to reopen based on Pereira. See Mejia v. Barr, 952 F.3d 255, 259 (5th Cir. 2020).

The petition for review is DENIED.

FOOTNOTES

FOOTNOTE.  

Per Curiam:* FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.