Rodrigo Carmona Carrera v. Merrick Garland

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 20 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT RODRIGO CARMONA CARRERA, No. 21-70985 Petitioner, Agency No. A087-913-647 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 12, 2022** Before: SCHROEDER, R. NELSON, and VANDYKE, Circuit Judges. Rodrigo Carmona Carrera, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. * 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). Bhattarai v. Lynch, 835 F.3d 1037, 1042 (9th Cir. 2016). We deny the petition for review. Carmona Carrera’s contention that jurisdiction did not vest with the immigration court due to the missing information in his Notice to Appear (“NTA”) is foreclosed by United States v. Bastide-Hernandez, No. 19-30006, 2022 WL 2662044, *2 *6 (9th Cir. July 11, 2022) (en banc), where the court held that a lack of hearing information in the NTA does not deprive the immigration court of subject matter jurisdiction, and 8 C.F.R. § 1003.14(a) is satisfied when later notice provides hearing information. See also Karingithi v. Whitaker, 913 F.3d 1158, 1160-62 (9th Cir. 2019). The temporary stay of removal remains in place until issuance of the mandate. PETITION FOR REVIEW DENIED. 2 21-70985 21-70985 Court of Appeals for the Ninth Circuit ca9 9th Cir. Rodrigo Carmona Carrera v. Merrick Garland 20 July 2022 Agency Unpublished 51149501e54ac6a3ffe322305d8a4ea7b298b0e0

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals