Case: 19-12196 Date Filed: 03/10/2020 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 19-12196
Non-Argument Calendar
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Agency No. A200-617-099
RAMIRO BERNARDO GOMEZ-LOPEZ,
Petitioner,
versus
U.S. ATTORNEY GENERAL,
Respondent.
________________________
Petition for Review of a Decision of the
Board of Immigration Appeals
________________________
(March 10, 2020)
Before BRANCH, GRANT and BLACK, Circuit Judges.
PER CURIAM:
Case: 19-12196 Date Filed: 03/10/2020 Page: 2 of 2
Ramiro Gomez-Lopez seeks review of the Board of Immigration Appeals’
(BIA) denial of his motion to reopen on the basis that his notice to appear (NTA)
was deficient and, therefore, the immigration court lacked jurisdiction over his
removal proceedings. After review, 1 we deny the petition for review.
Under
8 U.S.C. § 1229(a)(1), an alien in removal proceedings must be
provided with an NTA specifying the time or place of the alien’s hearing.
8 U.S.C.
§ 1229(a)(1)(G)(i). An NTA that does not specify the time and place of the
hearing does not comport with
8 U.S.C. § 1229(a) and consequently is not an NTA
under § 1229(a). Pereira v. Sessions,
138 S. Ct. 2105, 2110 (2018). We recently
clarified that
8 U.S.C. § 1229(a) and related agency regulations set out a
claim-processing rule, as opposed to a jurisdictional rule. Perez-Sanchez v. U.S.
Att’y Gen.,
935 F.3d 1148, 1150 (11th Cir. 2019). Because the rule is not
jurisdictional, its violation does not deprive immigration courts of jurisdiction.
Id.
The district court did not abuse its discretion because Gomez-Lopez’s claim
is foreclosed by our holding in Perez-Sanchez that statutorily deficient notices to
appear do not deprive immigration courts of jurisdiction. See Perez-Sanchez, 935
F.3d at 1150. Accordingly, we deny the petition for review.
PETITION DENIED.
1
The BIA’s denial of a motion to reopen is reviewed for an abuse of discretion.
Montano Cisneros v. U.S. Att’y Gen.,
514 F.3d 1224, 1226 (11th Cir. 2008).
2
