Nawiini v. Garland ( 2021 )

Case: 18-60650 Document: 00515941376 Page: 1 Date Filed: 07/16/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
July 16, 2021
No. 18-60650
Summary Calendar Lyle W. Cayce
Clerk
Colin Nawiini,
Petitioner,
versus
Merrick Garland, U.S. Attorney General,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A079 011 038
Before Jolly, Elrod, and Graves, Circuit Judges.
Per Curiam:*
Colin Nawiini petitions for review of an August 16, 2018, Board of
Immigration Appeals (BIA) decision denying his motion to reopen. He has
also filed a supplemental petition for review of a November 19, 2019, BIA
decision denying his subsequent motion to reconsider and reopen. The
*
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opinion should not be published and is not precedent except under the limited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.
Case: 18-60650 Document: 00515941376 Page: 2 Date Filed: 07/16/2021
No. 18-60650
supplemental petition for review is granted in part, and the case is remanded
to the BIA for consideration under Niz-Chavez v. Garland, 141 S. Ct. 1474(2021).
In this case, the BIA relied on Matter of Mendoza-Hernandez and
Capula-Cortes, 27 I&N Dec. 520, 535 (BIA 2019)), for the proposition that
service of a notice of hearing containing the date and time of an alien’s
hearing cures a notice to appear (NTA) that lacks the date and time and
triggers the 8 U.S.C. § 1229b(d)(1)(A) stop-time rule. On April 29, 2021, the
Supreme Court released its opinion in Niz-Chavez v. Garland, 141 S. Ct. 1474(2021). In Niz-Chavez, the Supreme Court held that a NTA sufficient to
trigger the stop-time rule must be a “single document containing all the
information an individual needs to know about his removal hearing”
specified in 8 U.S.C. § 1229(a)(1). 141 S. Ct. at 1478. Thus, under Niz-
Chavez, a NTA sufficient to trigger the stop-time rule must be a single
document containing “the nature of the proceedings against the alien, the
legal authority for those proceedings, the fact that the alien may be
represented by counsel, the time and place at which the proceedings will be
held, and the consequences of failing to appear.” Id. at 1479 (emphasis
added); see also § 1229(a)(1).
Under Niz-Chavez, Nawiini’s NTA did not contain the information
required to trigger the stop-time rule. 141 S. Ct. at 1479. Thus, the
supplemental petition for review is granted as to the stop-time issue, and this
matter is remanded to the BIA for consideration under Niz-Chavez. In all
other respects, the petition for review and the supplemental petition for
review are denied.
The supplemental petition for review is GRANTED IN PART.
This matter is hereby REMANDED to the BIA. As to all remaining claims,
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Case: 18-60650 Document: 00515941376 Page: 3 Date Filed: 07/16/2021
No. 18-60650
we have reviewed the decisions of the BIA and the record, and the petition
for review and the supplemental petition for review are DENIED.
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