Yanez-Pena v. Barr, No. 19-60464 (5th Cir. 2020)
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The Fifth Circuit denied a petition for review of the BIA's decision denying petitioner's motion to reopen her removal proceedings. The court held that the information statutorily required to be contained in a notice to appear (NTA) may be supplied in more than one document. The court also held that an NTA is perfected, and the stop-time rule is triggered, when the alien receives all required information, whether in one document or more.
The court held that the BIA did not abuse its discretion by failing to reopen petitioner's removal proceedings to allow her to seek cancellation of removal or to rescind the in absentia order of removal. In this case, the document petitioner received perfected her initial NTA by providing proper notice of her removal hearing and terminated her "continued presence" in the United States pursuant to the stop-time rule, precluding her eligibility for cancellation of removal.
The court issued a subsequent related opinion or order on May 13, 2022.
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