CALDERON ABARCA v. GARLAND (2021)

United States Court of Appeals, Ninth Circuit.

Dario CALDERON ABARCA, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

No. 19-70819

Decided: September 21, 2021

Before: PAEZ, NGUYEN, and OWENS, Circuit Judges.

Murray David Hilts, Law Offices of Murray D. Hilts, San Diego, CA, for Petitioner. Brianne Whelan Cohen, Trial Attorney, Andrea Gevas, DOJ-U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent.

MEMORANDUM **

Dario Calderon Abarca, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen and terminate removal proceedings. We have jurisdiction under 8 U.S.C § 1252. We review for abuse of discretion the denial of a motion to reopen, Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir. 2008), and the denial of a motion to terminate, Dominguez v. Barr, 975 F.3d 725, 734 (9th Cir. 2020). We deny the petition for review.

The BIA did not abuse its discretion in denying Calderon Abarca's motion to reopen and terminate where his contention that the immigration court lacked jurisdiction over his proceedings is foreclosed by Aguilar Fermin v. Barr, 958 F.3d 887, 895 (9th Cir. 2020) (“the lack of time, date, and place in the NTA sent to [petitioner] did not deprive the immigration court of jurisdiction over her case”).

The temporary stay of removal remains in place until issuance of the mandate.

PETITION FOR REVIEW DENIED.

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