Juan Hernandez-Castillo v. Jefferson Sessions, III

Case: 15-60847 Document: 00514230560 Page: 1 Date Filed: 11/08/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-60847 FILED November 8, 2017 JUAN ANTONIO HERNANDEZ-CASTILLO, Lyle W. Cayce Clerk Petitioner, v. JEFFERSON B. SESSIONS, III, U. S. ATTORNEY GENERAL, Respondent. Petition for Review of an Order of the Board of Immigration Appeals Before REAVLEY, ELROD, and SOUTHWICK, Circuit Judges. JENNIFER WALKER ELROD, Circuit Judge: Petitioner Juan Antonio Hernandez-Castillo, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (BIA) order upholding the denial of his motion to reopen removal proceedings and declining to reopen proceedings sua sponte or to grant administrative closure. Because the BIA did not abuse its discretion in dismissing the petition and declining to administratively close the case and because we lack jurisdiction to review the BIA’s refusal to reopen proceedings sua sponte, we DENY in part and DISMISS in part Hernandez-Castillo’s petition for review. Case: 15-60847 Document: 00514230560 Page: 2 Date Filed: 11/08/2017 No. 15-60847 I. Petitioner Juan Antonio Hernandez-Castillo, a native and citizen of El Salvador, was apprehended by Border Patrol agents on March 15, 2005, after attempting to enter the United States from Mexico without authorization near Eagle Pass, Texas. The following day, Hernandez-Castillo was personally served with a notice to appear. The notice to appear charged Hernandez- Castillo with removability pursuant to 8 U.S.C. § 1182(a)(6)(A)(i) because he had not been admitted or paroled by the appropriate authorities. The notice to appear informed Hernandez-Castillo that he was required to provide the agency with his full mailing address and telephone number in writing. The notice to appear went on to advise him that he must immediately notify the immigration court, using Form EOIR-33, whenever he changed his address or telephone number during the course of the proceedings, and that he would receive any hearing notices at the address provided. The notice to appear also stated that if he did not submit an EOIR-33 form or otherwise failed to provide an address at which he could be reached, the government would not be required to provide him with written notice of his hearing. Moreover, the notice to appear advised Hernandez-Castillo that failure to attend a designated hearing could result in the immigration judge entering an in absentia removal order. Hernandez-Castillo signed the notice to appear, acknowledging that he had been provided oral notice in Spanish of the time and place of his hearing and the consequences of failing to appear. The Border Patrol released Hernandez-Castillo on his own recognizance due to a lack of detention funds. Hernandez-Castillo informed the Border Patrol agents that he was trying to travel to Los Angeles, California to live with his sister. He provided a phone number, but several attempts to establish contact at this number were unsuccessful. Hernandez-Castillo did not provide a valid United States address. 2 Case: 15-60847 Document: 00514230560 Page: 3 Date Filed: 11/08/2017 No. 15-60847 On April 26, 2005, ...

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