Pastor v. Barr

19-77 Pastor v. Barr BIA A088 444 106 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 1 At a stated term of the United States Court of Appeals 2 for the Second Circuit, held at the Thurgood Marshall 3 United States Courthouse, 40 Foley Square, in the City of 4 New York, on the 4th day of December, two thousand twenty. 5 6 PRESENT: 7 PIERRE N. LEVAL, 8 ROBERT D. SACK, 9 RAYMOND J. LOHIER, JR., 10 Circuit Judges. 11 _____________________________________ 12 13 NATALIO C. PASTOR, 14 Petitioner, 15 16 v. 19-77 17 NAC 18 WILLIAM P. BARR, UNITED STATES 19 ATTORNEY GENERAL, 20 Respondent. 21 _____________________________________ 22 23 FOR PETITIONER: Rene Kathawala, Paige Pavone, 24 Orrick, Herrington & Sutcliffe 25 LLP, New York, NY; Dan R. Smulian, 26 Catholic Charities Community 27 Services, New York, NY. 28 29 1 FOR RESPONDENT: Joseph H. Hunt, Assistant Attorney 2 General; Jessica E. Burns, Senior 3 Litigation Counsel; Keith I. 4 McManus, Assistant Director, 5 Office of Immigration Litigation, 6 United States Department of 7 Justice, Washington, DC. 8 9 FOR MOVANT AMICI CURAE: Alina Das, Jessica Rofé, Jessica 10 Swensen, Washington Square Legal 11 Services, Inc. Immigrant Rights 12 Clinic, New York, NY. 13 14 UPON DUE CONSIDERATION of this petition for review of a 15 Board of Immigration Appeals (“BIA”) decision, it is hereby 16 ORDERED, ADJUDGED, AND DECREED that the petition for review 17 is DENIED. 18 Petitioner Natalio C. Pastor, a native and citizen of 19 Mexico, seeks review of a December 21, 2018, decision of the 20 BIA denying his motion to reopen and terminate his immigration 21 proceedings. In re Pastor, No. A 088 444 106 (B.I.A. Dec. 22 21, 2018). The Washington Square Legal Services, Inc. 23 Immigrant Rights Clinic moves to file a late-filed brief on 24 behalf of amici curiae former immigration judges and members 25 of the Board of Immigration Appeals. We assume the parties’ 26 familiarity with the underlying facts and procedural history. 27 We review the BIA’s denial of a motion to reopen for 28 abuse of discretion. Ali v. Gonzales, 448 F.3d 515, 517 (2d 2 1 Cir. 2006). There was no abuse of discretion here. 2 Pastor’s sole argument, that that the agency lacked 3 jurisdiction over his removal proceedings because his notice 4 to appear (“NTA”) did not include a hearing time and place, 5 is foreclosed by our decision in Banegas Gomez v. Barr, ...

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