Case: 19-60415 Document: 00515956263 Page: 1 Date Filed: 07/28/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED July 28, 2021 No. 19-60415 Lyle W. Cayce Summary Calendar Clerk Rosa Maria Navarrete-Lopez, Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A098 042 434 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before Clement, Higginson, and Engelhardt, Circuit Judges. Per Curiam:* Rosa Maria Navarrete-Lopez petitioned for review of an October 20, 2017, Board of Immigration Appeals (“BIA”) decision denying her motion * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 19-60415 Document: 00515956263 Page: 2 Date Filed: 07/28/2021 No. 19-60415 to reopen. The court denied her petition, holding that, inter alia, her claim— that the stop-time rule of 8 U.S.C. § 1229(d)(1)(A) never triggered—was meritless. Navarrete-Lopez petitioned for a writ of certiorari, and, following the Supreme Court’s holding in Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021), the Court granted, vacated, and remanded for further consideration. Navarrete-Lopez received a notice to appear that failed to list the date and time of the removal hearing. She then received a corrective notice of hearing. The BIA concluded that this process was sufficient to trigger the stop-time rule. But Niz-Chavez prohibits the use of such a two-step process to trigger the stop-time rule. See Niz-Chavez, 141 S. Ct. at 1480 (holding that to trigger the stop-time rule, the government must serve “‘a’ single document containing the required information, not a mishmash of pieces with some assembly required”). Navarette-Lopez’ petition is therefore granted as to the stop-time issue and denied in all other respects for the reasons laid out in our prior order. 1 IT IS ORDERED that the petition for review is GRANTED IN PART and the matter is hereby REMANDED to the BIA. IT IS FURTHER ORDERED that the petition is DENIED on the remaining grounds. 1 Niz-Chavez does not affect our jurisdictional holding. See Maniar v. Garland, 998 F.3d 235, 242 n.2 (5th Cir. 2021). 2 19-60415 Court of Appeals for the Fifth Circuit ca5 5th Cir. Navarrete-Lopez v. Garland 28 July 2021 Immigration Unpublished efca99775c8014b494b7b919da21f71fc1cb6bb1
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