United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-2442 ___________________________ Guadalupe Rodriguez de Henriquez, et al. lllllllllllllllllllllPetitioners v. William P. Barr, Attorney General of the United States lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: June 11, 2019 Filed: November 5, 2019 ____________ Before LOKEN, KELLY, and ERICKSON, Circuit Judges. ____________ LOKEN, Circuit Judge. Petitioners Ronal Henriquez Argueta, his wife, and two of their children, citizens of Honduras, entered the United States and applied for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The immigration judge (IJ) denied relief after a hearing. The Henriquezes appealed to the Board of Immigration Appeals (BIA), which dismissed their appeal in December 2017. The Henriquezes then filed a motion to reopen or reconsider, which the BIA denied in June 2018. They now petition for review of the BIA’s denial of their motion to reconsider. We deny the petition for review. A. Petitioners first argue the IJ lacked jurisdiction over their removal proceedings because the proceedings commenced with notices to appear that did not specify the date or time of their removal hearings. The argument is based on the Supreme Court’s recent decision in Pereira v. Sessions, 138 S. Ct. 2105 (2018). In Pereira, the Court held that a notice to appear “that does not inform a noncitizen when and where to appear for removal proceedings is not a ‘notice to appear under section 1229(a)’ and therefore does not trigger the stop-time rule” that governs applications for cancellation of removal under 8 U.S.C. § 1229(b)(1). Id. at 2110. We recently rejected petitioners’ argument, joining “the BIA and a unanimous chorus of other circuits” in concluding that the Attorney General’s regulations, which govern when jurisdiction vests, provide that a notice to appear “need only provide the time, place, and date of the initial removal hearing ‘where practicable.’” Ali v. Barr, 924 F.3d 983, 986 (8th Cir. 2019), quoting 8 C.F.R. § 1003.18(b). We are bound by this prior panel decision. Mader v. United States, 654 F.3d 794, 800 (8th Cir. 2011) (en banc). B. Petitioners next argue the BIA abused its discretion in denying their motion to reconsider. A motion to reconsider addresses the merits of the BIA’s initial decision. It must be filed within thirty days, “specify[] the errors of fact or law in the prior Board decision,” and “be supported by pertinent authority.” 8 C.F.R. § 1003.2(b). The filing of a motion to reconsider does not toll the time for appeal of the underlying order. Stone v. I.N.S., 514 U.S. 386, 390 (1995). Therefore, as petitioners did not file a timely petition for review of the final order of removal, our jurisdiction is limited to reviewing the order denying their motion to reconsider for abuse of discretion. See Boudaguian v. Ashcroft, 376 F.3d 825, 827 (8th Cir. 2004). In reviewing that order, “we may consider the validity of the underlying asylum decision without exercising jurisdiction over that decision or ...
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