HAI LE HUANG v. BARR (2019)

MEMORANDUM **

Hai Le Huang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision denying her motion to reopen removal proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Bonilla v. Lynch, 840 F.3d 575, 581 (9th Cir. 2016). We deny the petition for review.

The BIA did not err in determining that the lack of notice exception to the time limit to reopen removal proceedings conducted in absentia did not apply, where notices of Huang’s changed hearings were served on her attorney of record. See 8 U.S.C. § 1229(a)(2)(A); Garcia v. INS, 222 F.3d 1208, 1209 (9th Cir. 2000) (notice to attorney of record constitutes notice to the alien). Thus, the BIA did not err by applying the 180-day deadline for motions to reopen due to exceptional circumstances. See 8 U.S.C. § 1229a(b)(5)(C)(i).

Huang has not raised, and therefore waives, any challenge to the BIA’s determination that her motion was untimely and that she had not shown the required due diligence to equitably toll the filing deadline. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued in an opening brief are waived).

Huang’s contention that the immigration court lacked jurisdiction under Pereira v. Sessions, ––– U.S. ––––, 138 S. Ct. 2105, 201 L.Ed.2d 433 (2018) is foreclosed by Karingithi v. Whitaker, 913 F.3d 1158, 1160-62 (9th Cir. 2019) (initial notice to appear need not include time and date information to vest jurisdiction in the immigration court). To the extent she contends Karingithi was wrongly decided, we lack the authority to overrule it. See Hart v. Massanari, 266 F.3d 1155, 1171 (9th Cir. 2001).

PETITION FOR REVIEW DENIED.