Rogelio Reyes Rodriguez v. William Barr ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 10 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROGELIO REYES RODRIGUEZ, No. 19-71798
Petitioner, Agency No. A205-920-648
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 8, 2020**
Before: TASHIMA, SILVERMAN, and OWENS, Circuit Judges.
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.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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.
2 19-71798