REYES RODRIGUEZ v. BARR (2020)

MEMORANDUM **

Rogelio Reyes Rodriguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (BIA) order denying his motion to reopen and terminate proceedings. We review for abuse of discretion the denial of a motion to reopen, and review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.

The BIA did not abuse its discretion in denying the motion, where Reyes Rodriguez's contention that the immigration judge lacked jurisdiction over his proceedings is foreclosed by Karingithi v. Whitaker, 913 F.3d 1158, 1160-62 (9th Cir. 2019) and Aguilar Fermin v. Barr, 958 F.3d 887 (9th Cir. 2020) (notice to appear “need not contain time, date, and place information to vest an immigration court with jurisdiction if such information is provided before the hearing”), and we are not persuaded that termination of proceedings is otherwise required.

Reyes Rodriguez asks us to reconsider Karingithi, but we are bound by that decision given the absence of any “intervening higher authority” that is “clearly irreconcilable” with it. Miller v. Gammie, 335 F.3d 889, 892-93 (9th Cir. 2003) (en banc).

As stated in the court's September 13, 2019, order, the temporary stay of removal remains in place until issuance of the mandate.

PETITON FOR REVIEW DENIED.