S. R.L. v. Attorney General United States

NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _________________ No. 19-1036 _________________ S. E. R.L.; Y. N. S.R.; Y. Y. R.L., Petitioners v. ATTORNEY GENERAL UNITED STATES OF AMERICA _________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency Nos. A206-800-692, A206-800-690, A206-800-691) Immigration Judge: Hon. John B. Carle _________________ Submitted Under Third Circuit L.A.R. 34.1(a) October 2, 2019 Before: SHWARTZ, FUENTES, and FISHER, Circuit Judges. (Filed November 29, 2019) _________________ OPINION** _________________ ** This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. FUENTES, Circuit Judge. Petitioners S. E. R.L., Y. N. S.R. and Y. Y. R.L. (collectively, “Petitioners”) seek review of an order of the Board of Immigration Appeals (“Board”) denying their motion to reconsider and terminate removal proceedings. Before this Court, Petitioners argue that the Board erred by not reopening and terminating their proceedings for lack of jurisdiction in light of the Supreme Court’s decision in Pereira v. Sessions.1 For the reasons that follow, we will deny the petition for review. I. Petitioners are natives and citizens of Honduras. In June 2014, Petitioners entered the United States without inspection at Hidalgo, Texas. A short time later, the Department of Homeland Security (“DHS”) commenced removal proceedings. A. Proceedings Before the Immigration Court DHS filed notices to appear with the Executive Office for Immigration Review against Petitioners on June 16, 2014, charging Petitioners with removability under Immigration and Nationality Act § 212(1)(6)(A)(i) and 8 U.S.C. § 1182(a)(6)(A)(i), as aliens who were present in the United States without being admitted or paroled. The notices to appear ordered Petitioners to appear at the Immigration Court in Kansas City, Missouri, “on a date to be set” and “at a time to be set.”2 On August 14, 2014, the Immigration Court issued a notice of hearing scheduling Petitioners’ hearing for August 1 138 S. Ct. 2105 (2018). 2 A.R. 655, 698, 741. 2 29, 2014. Pursuant to the notice of hearing, Petitioners appeared before the Immigration Judge on the date provided. Petitioners filed an application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”) on June 11, 2015. The Immigration Judge held a merits hearing on September 13, 2016 and later issued a written decision finding that Petitioners failed to show eligibility for asylum, withholding of removal, or CAT protection, and ordered Petitioners removed to Honduras. B. Proceedings Before the Board of Immigration Appeals On October 20, 2016, Petitioners appealed the Immigration Judge’s removal decision to the Board.3 The Board denied the appeal and the motion to reopen on May 3, 2017, and Petitioners filed a timely petition for review of the Board’s decision with this Court. We denied the petition for review.4 In July 2018, before the Board, Petitioners filed a motion to reconsider and terminate removal proceedings for lack of jurisdiction in light of the Supreme Court’s decision in Pereira.5 The Board denied Petitioners’ motion to reconsider and terminate, ...

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