UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-2403 JORGE EUGENIO RANGEL-ZARAZUA, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: September 1, 2021 Decided: September 28, 2021 Before MOTZ and AGEE, Circuit Judges, and KEENAN, Senior Circuit Judge. Petition for review denied by unpublished per curiam opinion. Jessica Palumbo, PALUMBO LAW, LLC, Atlanta, Georgia; Steven Meier, STEVEN T. MEIER, PLLC., Charlotte, North Carolina, for Petitioner. Joseph H. Hunt, Assistant Attorney General, Cindy S. Ferrier, Assistant Director, Genevieve M. Kelly, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: After an Immigration Judge (“IJ”) pretermitted Jorge Eugenio Rangel-Zarazua’s application for cancellation of removal under 8 U.S.C. § 1229b(b)(1), Rangel appealed to the Board of Immigration Appeals (“BIA”) and filed a motion to terminate removal proceedings for lack of subject matter jurisdiction. The BIA affirmed the IJ’s decision to deny his application and denied the accompanying motion to terminate. Rangel now petitions for review. Finding no error, we deny the petition. I. Rangel is a native and citizen of Mexico who entered the United States without inspection at an unknown place and date. In 1994, he was arrested for—and, in 1995, pleaded guilty to—“Carrying [a] Prohibited Weapon” under section 46.02 of the Texas Penal Code (“Texas conviction”). 1 At the time, this statute criminalized “intentionally, knowingly, or recklessly carr[ying] on or about his person a handgun, illegal knife, or club.” Tex. Penal Code § 46.02 (1995). In 1996, Rangel was returned to Mexico but reentered the United States without inspection in 1998. In 2016, he was arrested on forgery charges in Tennessee. Following that arrest, the local police department transferred him to the custody of Immigration and Customs Enforcement. On September 21, 2016, the Department of Homeland Security (“DHS”) commenced removal proceedings by issuing Rangel a Notice to Appear. While 1 Rangel was riding in an acquaintance’s car when police stopped the vehicle and searched it, recovering two guns from the trunk and subsequently arresting all occupants. 2 the Notice included the location of the hearing, it did not include a date or time at which he was to initially appear before an IJ, but informed him that he would have to appear on a date and time yet to be determined. Following issuance of a Notice of Hearing that included the date and time, continuance of that hearing, and transfer of venue, Rangel received an updated Notice of Hearing for May 4, 2017, at 8:30 a.m. By written pleading, Rangel argued that he was eligible for relief under 8 U.S.C. § 1229b(b)(1), a provision permitting the Attorney General to cancel the removal of a noncitizen and adjust his status to that of lawful permanent resident (“LPR”) if he satisfies certain requirements, one of which entails a lack of a “firearm offense[],” as defined under 8 U.S.C. § …
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