Juan Carlos Alfaro-Garcia v. U.S. Attorney General

USCA11 Case: 19-12068 Date Filed: 11/30/2020 Page: 1 of 11 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-12068 ________________________ Agency No. A088-920-176 JUAN CARLOS ALFARO-GARCIA, Petitioner, versus UNITED STATES ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (November 30, 2020) Before JORDAN, LAGOA, and BRASHER, Circuit Judges. LAGOA, Circuit Judge: This appeal requires this Court to reconcile two immigration statutes—8 U.S.C. § 1229a(c)(7) and 8 U.S.C. § 1231(a)(5). Juan Carlos Alfaro-Garcia petitions USCA11 Case: 19-12068 Date Filed: 11/30/2020 Page: 2 of 11 this Court for review of the Board of Immigration Appeals’ (“BIA”) final order affirming the immigration judge’s denial of his motion to reopen his removal proceedings. Alfaro-Garcia argues that the BIA’s decision conflicts with his statutory right under § 1229a(c)(7) to “file one motion to reopen proceedings.” Section 1231(a)(5), however, provides that if an alien illegally reenters the United States after having been removed, “the prior order of removal is reinstated from its original date and is not subject to being reopened or reviewed” and the alien “is not eligible and may not apply for any relief under this chapter.” Because § 1231(a)(5) unambiguously bars the reopening of a reinstated removal order where the alien has illegally reentered the United States following his removal, we deny the petition. I. FACTUAL AND PROCEDURAL BACKGROUND Alfaro-Garcia, a native and citizen of Mexico, entered the United States without inspection at an unknown place on an unknown date.1 On November 20, 2007, the State of Florida charged Alfaro-Garcia with the following three offenses: (1) committing a battery on a law enforcement officer (a felony offense); (2) driving with a suspended license; and (3) resisting an officer without violence. Alfaro- Garcia was adjudicated guilty of these offenses and sentenced to a term of imprisonment of 180 days. 1 In his motion to reopen, Alfaro-Garcia claims that he initially entered the United States in July 1996. 2 USCA11 Case: 19-12068 Date Filed: 11/30/2020 Page: 3 of 11 On March 4, 2008, the Department of Homeland Security (“DHS”) personally served Alfaro-Garcia with a Notice to Appear, charging him as removable under section 212(a)(6)(A)(i) of the Immigration and Nationality Act, as “an alien present in the United States without being admitted or paroled” and ordered him to appear before an immigration judge. On August 5, 2008, Alfaro-Garcia entered a “Stipulated Request for Order of Removal and Waiver of Hearing” (the “Stipulated Request”). In the Stipulated Request, Alfaro-Garcia agreed that: (1) he “voluntarily and knowingly” entered into the stipulation; (2) he received the Notice to Appear; (3) he was advised of his right to be represented by counsel; (4) he was not a United States citizen; (5) he understood he had a right to a hearing before an immigration judge, waived that right, and requested that his removal proceeding be conducted based on the written record without a hearing; (6) he requested removal; (7) he admitted all the factual allegations in ...

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