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TORRES VALENCIA v. WILKINSON (2021)

United States Court of Appeals, Ninth Circuit.2021-02-19No. No. 19-71111

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Opinion

MEMORANDUM **

Juan Manuel Torres Valencia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider and terminate proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIAs denial of a motion to reconsider, Ayala v. Sessions, 855 F.3d 1012, 1020 (9th Cir. 2017), and the denial of a motion to terminate, Dominguez v. Barr, 975 F.3d 725, 734 (9th Cir. 2020). We deny petition for review.

The BIA did not abuse its discretion in denying Torres Valencias motion to reconsider and terminate, because Torres Valencias contentions that the immigration court lacked jurisdiction over his proceedings are foreclosed by Karingithi v. Whitaker, 913 F.3d 1158, 1160-62 (9th Cir. 2019) and Aguilar Fermin v. Barr, 958 F.3d 887, 889, 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. The motion for a stay of removal (Docket Entry Nos. 1 and 8) is otherwise denied.

PETITION FOR REVIEW DENIED.