Gomez Salgado v. Wilkinson, No. 19-60775 (5th Cir. 2021)

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Case: 19-60775 Document: 00515731052 Page: 1 Date Filed: 02/03/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED February 3, 2021 No. 19-60775 Summary Calendar Lyle W. Cayce Clerk Eusebio Gomez Salgado, Petitioner, versus Robert M. Wilkinson, Acting U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A078 987 649 Before Wiener, Southwick, and Duncan, Circuit Judges. Per Curiam:* Eusebio Gomez Salgado, a native and citizen of Mexico, petitions for review of the denial by the Board of Immigration Appeals (BIA) of his motion to reopen. Relying on Pereira v. Sessions, 138 S. Ct. 2105 (2018), Gomez Salgado argues the immigration judge had no jurisdiction over his removal * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 19-60775 Document: 00515731052 Page: 2 Date Filed: 02/03/2021 No. 19-60775 proceedings because his notice to appear was defective in that it failed to state the time and place of his initial removal hearing. We have rejected such arguments, concluding that Pereira is limited to cases involving the stop-time rule in removal proceedings, which is not at issue here. See Pierre-Paul v. Barr, 930 F.3d 684, 689-90 (5th Cir. 2019), cert. denied, 140 S. Ct. 2718 (2020). Because Gomez Salgado’s argument is foreclosed by Pierre-Paul, which he concedes, he fails to show that the BIA abused its discretion in denying his motion to reopen based on Pereira. See Mejia v. Barr, 952 F.3d 255, 259 (5th Cir. 2020). The petition for review is DENIED. 2

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