NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 21 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT LUIS CABRERA-CAMPOS, AKA Luis No. 19-71212 Campos-Cabrera, AKA Jesus Garcia Miranda, Agency No. A099-625-275 Petitioner, MEMORANDUM* v. MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 14, 2021** Before: PAEZ, NGUYEN, and OWENS, Circuit Judges. Luis Cabrera-Campos, 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. * 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). We review for abuse of discretion the denial of a motion to reopen, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010), 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 Cabrera-Campos’ 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”). In light of this disposition, we need not reach Cabrera-Campos’ contentions regarding the timeliness of his motion. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (courts are not required to decide issues unnecessary to the results they reach). The temporary stay of removal remains in place until issuance of the mandate. PETITION FOR REVIEW DENIED. 2 19-71212 19-71212 Court of Appeals for the Ninth Circuit ca9 9th Cir. Luis Cabrera-Campos v. Merrick Garland 21 September 2021 Agency Unpublished cf0116cf175e500098d57776b74f3b4da9c50af5
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