FILED NOT FOR PUBLICATION MAR 15 2021 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ELEAZAR PEREZ, AKA Perez Aquino, Nos. 18-70595 18-72781 Petitioner, Agency No. A208-836-681 v. MERRICK B. GARLAND, Attorney MEMORANDUM* General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 11, 2021** San Francisco, California Before: McKEOWN, IKUTA, and BRESS, Circuit Judges. Eleazar Perez, a native and citizen of Mexico, seeks review of a decision of the Board of Immigration Appeals (BIA) affirming the decision of an Immigration Judge (IJ) to deny Perez’s application for asylum, withholding of removal, and * 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). relief under the Convention Against Torture (CAT). Perez also seeks review of the decision of the BIA to deny Perez’s motion to reopen and terminate proceedings. We have jurisdiction under 8 U.S.C. § 1252(a)(1), and we deny both petitions for review. The lack of a date and time for a hearing on Perez’s notice to appear did not deprive the immigration court of jurisdiction, because Perez did not contest that he later received a notice of hearing and Perez attended his initial and subsequent immigration hearings. See Karingithi v. Whitaker, 913 F.3d 1158, 1160 (9th Cir. 2019). Perez’s argument that Kisor v. Wilkie, 139 S. Ct. 2400 (2019), superseded Karingithi is misplaced, because we are bound by subsequent decisions that continue to apply Karingithi. See United States v. Bastide-Hernandez, 986 F.3d 1245, 1247–48 (9th Cir. 2021); Aguilar Fermin v. Barr, 958 F.3d 887, 893–95 (9th Cir. 2020); see also Silva v. Barr, 965 F.3d 724, 735 (9th Cir. 2020). Two independent statutory bars render Perez ineligible for asylum. First, Perez’s 2017 asylum application is untimely, because Perez failed to file it within one year of his 1992 arrival in the United States. See 8 U.S.C. § 1158(a)(2)(B). Perez’s unawareness of asylum relief, letters from former neighbors in Mexico, and recent contact from his father do not materially affect Perez’s eligibility for asylum or excuse his delay in filing a timely application, and therefore Perez failed 2 to demonstrate the existence of changed or extraordinary circumstances that would allow the agency to consider his untimely asylum application. See 8 U.S.C. § 1158(a)(2)(D); 8 C.F.R. § 1208.4(a)(4)(i); Al Ramahi v. Holder, 725 F.3d 1133, 1135 (9th Cir. 2013). Second, Perez waived any challenge to the IJ’s determination that Perez’s conviction under Section 245(a)(4) of the California Penal Code constituted a particularly serious crime that rendered Perez ineligible for asylum under 8 U.S.C. § 1158(b)(2)(A)(ii), because Perez failed to raise the argument in his opening brief. Rizk v. Holder, 629 F.3d 1083, 1091 n.3 (9th Cir. 2011). Even if Perez had raised the argument on appeal, we lack jurisdiction to disturb the determination of …
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