Juan Rivas-Aguilar v. Jefferson Sessions, III


NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 19 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JUAN RIVAS-AGUILAR, AKA Juan No. 16-70526 Rivas, Agency No. A094-942-115 Petitioner, v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 12, 2018** Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges. Juan Rivas-Aguilar, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) removal order. We have jurisdiction under 8 U.S.C. § 1252. We deny the petition for review. * 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). Rivas-Aguilar establishes no error in the agency’s administrative closure determination, where the BIA denied based on the factors applicable at the time of its decision, and he did not request administrative closure before the IJ. See Gonzalez-Caraveo v. Sessions, 882 F.3d 885, 891 (9th Cir. 2018). PETITION FOR REVIEW DENIED. 2 16-70526 16-70526 Court of Appeals for the Ninth Circuit ca9 9th Cir. Juan Rivas-Aguilar v. Jefferson Sessions, III 19 September 2018 Agency Unpublished 12c07a3bec93a6fa4aee4803efb8ddf20ba349b2

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