Bangally Fatty v. William Barr


NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 11 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT BANGALLY FATTY, Nos. 18-72918 19-71929 Petitioner, Agency No. A097-119-552 v. WILLIAM P. BARR, Attorney General, MEMORANDUM* Respondent. On Petitions for Review of Orders of the Board of Immigration Appeals Submitted September 8, 2020** Before: TASHIMA, SILVERMAN, and OWENS, Circuit Judges. In these consolidated petitions for review, Bangally Fatty, a native and citizen of the Gambia, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders denying his motion to reconsider and terminate and his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Toor v. Lynch, 789 F.3d 1055, 1059 (9th Cir. 2015). We deny * 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 petitions for review. As to No. 18-72918, Fatty’s contention that the immigration judge lacked jurisdiction over his proceedings is foreclosed by Aguilar Fermin v. Barr, 958 F.3d 887, 889 (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”). As to No. 19-71929, Fatty has not raised, and therefore waives, any challenge to the BIA’s denial of his motion to reopen as untimely. See Lopez- Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued in an opening brief are waived). Because this determination is dispositive, we do not address Fatty’s contentions regarding prima facie eligibility for relief. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (the courts and the agency are not required to make findings on issues the decision of which is unnecessary to the results). PETITIONS FOR REVIEW DENIED. 2 19-71929 18-72918 Court of Appeals for the Ninth Circuit ca9 9th Cir. Bangally Fatty v. William Barr 11 September 2020 Agency Unpublished 93df280a67280c97b78741d6a661bb5f7110dd69

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