Case: 18-14775 Date Filed: 11/15/2019 Page: 1 of 6 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-14775 Non-Argument Calendar ________________________ Agency No. A088-367-077 LURBIN LORENA GALINDO GUERRA, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (November 15, 2019) Before NEWSOM, BRANCH, and GRANT, Circuit Judges. PER CURIAM: Case: 18-14775 Date Filed: 11/15/2019 Page: 2 of 6 Lurbin Lorena Galindo Guerra (Galindo) petitions this Court for review of a Board of Immigration Appeals order affirming the denial of her application for asylum and withholding of removal under the Immigration and Nationality Act and for relief under the United Nations Convention Against Torture. Galindo first claims that the Board’s order is void for lack of jurisdiction because the Notice to Appear served on her at the commencement of the immigration proceedings was defective. In the alternative, Galindo argues that even if the agency had jurisdiction, the Board abused its discretion by denying her motion to remand so that she could amend her application to assert a new basis for relief. We deny the petition. I. Galindo, a native and citizen of Honduras, entered the United States in May 2014. The same day, the Department of Homeland Security served her with a Notice to Appear charging her as subject to removal. The Notice to Appear ordered Galindo to appear before an immigration judge in Miami, Florida on a date and time “to be set” to answer the charge of removability. Several months later, Galindo received a notice specifying that her hearing had been scheduled for October 18, 2016, at 8:00 a.m., at the immigration court in Miami, Florida. Galindo appeared at the October 2016 hearing and was represented by counsel. 2 Case: 18-14775 Date Filed: 11/15/2019 Page: 3 of 6 She conceded removability and stated that she intended to seek asylum or withholding of removal. At subsequent hearings, Galindo applied for asylum and withholding of removal, stating that her domestic partner in Honduras regularly raped and beat her, prevented her from seeing her family, and threatened to kill her, all because she was a woman and a liberal. After hearing Galindo’s testimony and considering evidence that she submitted in support of her application, the immigration judge found that she was not credible, denied her application, and ordered her removed to Honduras. On appeal to the Board of Immigration Appeals, Galindo argued that under Pereira v. Sessions, 138 S. Ct. 2105 (2018), the initial Notice to Appear served on her was defective because it failed to provide the date and time of her removal hearing. She contended that without a valid Notice to Appear, the immigration judge lacked jurisdiction to hear her case and the order of removal was invalid. In the alternative, Galindo requested that the Board remand her case to the immigration judge for further proceedings in light of the Attorney General’s decision in Matter of A-B-, 27 I. & N. ...
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